While large payouts for slip-and-fall accidents may make big headlines, receiving a multi-million dollar settlement is an exception rather than the norm. Property owners and their insurers aggressively challenge slip-and-fall claims to protect their profits and deter others from filing claims.
If you have been hurt on commercial property as a result of a business owner’s carelessness, you need to understand how New York’s slip-and-fall laws could influence the outcome of your case. It takes patience and legal experience to navigate the legal process and receive fair compensation. Learning about state legal rules can help you determine whether it is in your best interests to file a lawsuit.
What to know before you file a premises liability claim
The statute of limitations
In New York, personal injury victims have a limited time to present their claims in court. After this period expires, the court can dismiss your case. Injury victims have three years to file a claim. This time limit applies to slip-and-fall victims who are suing for property damage as well as personal injuries.
If you try to settle your claim out-of-court, the statute of limitations still applies. It is wise to give yourself time to file in court should negotiations fail.
Comparative negligence
Although you may feel you deserve maximum compensation allowed for your injuries, New York’s comparative negligence laws may prevent you from receiving the full amount. When property owners are sued for premises liability, they try to shift responsibility for the accident onto injury victims. If they can establish that the accident victim shared blame for the accident, they can greatly reduce the court award and save money.
Whether you tripped on a loose floor tile at a store or fell on an icy patch in a mall parking lot, you may feel that the property owner should be held accountable for negligence. Recognizing the legal hurdles you may face can help you make smart decisions about your legal options that save time and frustration.
