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If you slipped and fell while on someone else’s property and sustained an injury, you may be interested in your legal options for recovery. Property owners owe a duty of care to their guests to make the premises safe. If they fail to meet their duty, they incur liability for the consequences of the victim’s injuries.
You will want to identify which party or parties owed you a duty of care and how they fell short of meeting their responsibilities. If you are successful in your slip and fall lawsuit, you can recover damages for your harms such as medical expenses, lost income, and pain and suffering due to your injuries. You should know, however, that you likely only have three years from the date of your accident to file your lawsuit in Westchester, or else you may lose your chance to win the recovery that you require and deserve.
The Martello Law Firm can provide the experience and resources that you will need in your search for justice for your slip and fall injury. Our reliable Westchester slip and fall lawyers are ready and willing to assist you in identifying defendants, preparing evidence, and filing your claim correctly and on time. Call today to hear more at (646) 396-0236.
Liability for Slip and Fall Lawsuits in Westchester, NY
In order to win in a slip and fall lawsuit in Westchester, you will have to show that the defendant owed you a duty of care that they failed to meet. When you are on someone else’s property, you are owed a duty of care. A duty of care is someone’s legal obligation to make best efforts to keep the property guest out of danger.
There are two critical questions in any slip and fall case:
- Who owes the duty of care?
- Did they reasonably meet the responsibilities created by their duty?
Property owners in Westchester are responsible for taking reasonable measures to cure any dangerous conditions that might foreseeably result in harm to guests. This may mean fixing the hazard so that it no longer poses a danger to guests. Alternatively, the property owner is responsible for warning guests of the danger. However, the property owner may transfer their responsibility through contract with another entity, usually a tenant.
If the property is leased, the lease agreement may stipulate that the tenant is responsible for dealing with certain property hazards. This is particularly common for restaurants and other commercial tenants where spills frequently occur. In places like Westchester where snowfall is particularly common, property owners may contract with snow removal services to deal with icy patches outside the property or in parking lots.
You may choose to name more than one party in your slip and fall lawsuit if you feel that multiple parties were responsible for your accident. Once you have identified the responsible party or parties, you must show that they failed to meet their responsibilities. This could be as simple as failing to clean up a spill that they should have known about, or as complicated as proving that a snow removal company did not use proper industry techniques to clear icy conditions from a sidewalk. Your Westchester slip and fall attorney can discuss what kind of proof you may require to succeed in your case and whom you should look to name as a defendant in your lawsuit.
Damages for Slip and Fall Lawsuits in Westchester, NY
Your successful slip and fall lawsuit will compensate you for the consequences of your injuries. These consequences can be physical, psychological, and financial in nature. All of these harms will be reflected in a calculation for damages.
The direct financial consequences of your injuries will be included in the calculation of economic damages. Primarily, this will include the medical expenses associated with your treatment. You can receive compensation that will cover your emergency room procedures, hospital stays, reparative surgeries, physical therapy, specialist fees, and prescription medications, amongst other medical costs. Be sure to seek medical care as soon as possible after your slip and fall accident to get the necessary treatment and to establish a record of care for your injuries.
If your injuries force you to miss time at work, you can also receive compensation in line with your lost wages and any paid time off that you are forced to use while recovering. If the injuries prevent you from meeting the obligations of your job for an extended period of time, you could also look to recover damages for missed opportunities for advancement or loss of earning power.
The court will also compensate you for the consequences of your injury that do not appear on invoices or receipts but are nonetheless real. Non-economic damages refer to the pain and suffering that a slip and fall victim is likely to experience as a result of their injuries. Examples of pain and suffering that may be compensable could include chronic pain or loss of functionality that impacts a victim’s ability to go about their day-to-day experience. These consequences can impact a plaintiff’s enjoyment of life or ability to maintain relationships.
Non-economic damages are difficult to predict without additional information on the particular victim and the impact of their injuries. An experienced Westchester slip and fall lawyer can listen to your story and help you come up with an estimate of what your potential case may be worth.
Statute of Limitations for Westchester, NY Slip and Fall Lawsuits
If you hope to recover for your slip and fall injuries, it is in your best interest to act quickly. This is because the statute of limitations in New York – the time limit to file a lawsuit – runs for three years from the date of injury. This means that you have until the three-year anniversary of your accident to file your claim. Failure to do so may mean the loss of your chance to recover for your injuries. To avoid missing your deadline, call one of our diligent Westchester slip and fall attorneys as soon as possible.
Talk to Our Injury Lawyers Today About Your Westchester Slip and Fall Lawsuit
If you hope to recover for your slip and fall injuries in a lawsuit, you do not have much time to waste. Call (646) 396-0236 to speak with the Westchester slip and fall lawyers at The Martello Law Firm today.