Experiencing a slip and fall can be not just painful but also bewildering, particularly when it comes to understanding your legal rights. In the bustling streets of Midtown Manhattan, such incidents are not uncommon, and knowing your rights is crucial. The Eskesen Law Firm, which includes experienced lawyers and legal professionals offers valuable insight into what your rights are after such an accident.
Immediate Steps Post-Incident
Right after a slip and fall accident, your immediate concern should be your health. Seek medical attention, even if the injuries seem minor, as some symptoms may not be apparent immediately. Documenting your injuries is also vital for any legal claims you might pursue later.
Report The Incident
Whether the fall happened in a commercial establishment, a public space, or a private residence, report the incident to the property owner or manager as soon as possible. Make sure a written report is filed, and ask for a copy for your records.
Understand Premises Liability
In slip and fall cases, the concept of premises liability is key. Property owners in New York have a legal duty to keep their premises reasonably safe. If your fall was due to a dangerous condition that the owner knew or should have known about, they may be liable for your injuries.
Gather as much evidence as possible from the accident scene. This includes photos of the location, the specific hazard that caused the fall, witness contact information, and any other relevant details. This evidence can be crucial in proving negligence on the part of the property owner.
Be Aware Of Comparative Negligence
New York follows the rule of comparative negligence. This means that if you are found partly responsible for the accident (for example, if you were distracted by your phone), your compensation may be reduced by your percentage of fault.
Know The Statute Of Limitations
In New York, the statute of limitations for personal injury claims, including slip and fall accidents, is generally three years from the date of the accident. Failing to file a lawsuit within this period could result in losing your right to sue.
Seek Legal Assistance
Understanding and navigating the complexities of slip and fall claims can be challenging. Consulting with a slip and fall lawyer can help you understand the nuances of your case. An attorney can assist in investigating the incident, negotiating with insurance companies, and, if necessary, representing you in court.
Knowing your rights after a slip and fall is essential for seeking fair compensation for your injuries. The process involves several steps, from reporting the incident and gathering evidence to understanding legal principles like premises liability and comparative negligence. With the guidance of experienced legal professionals you can navigate the aftermath of a slip and fall with confidence, ensuring that your rights are protected and upheld.