Queens Premises Liability Accidents and Where They Happen
Slip and fall accidents fall under the umbrella of premises liability accidents. A premises liability accident occurs when a careless property owner, management company, or landlord neglects their duties. As a result, an injury occurs on their property. Common premises liability accident claims typically involve a lack of maintenance, poor security, or slip and fall hazards.
Although most property owners are diligent in addressing safety concerns and tackling maintenance problems that could cause a fall, not everyone takes their duty to protect customers and the public seriously. The Bureau of Occupational Health and Injury Prevention estimates over 5,000 people are hospitalized each year in Queens for slip and fall-related injuries.
Slip and fall accidents can happen anywhere, from Citi Field to the MoMA PS1. Some of the most common locations where slip and fall accidents happen are:
- Movie theaters
- Nightclubs and bars
- Sport arenas
- Stores or shopping malls
What to Do If You’ve Been Hurt on Someone Else’s Property in Queens, NY
You may not realize it at the time of the accident, but the actions you take in the days and weeks after a slip and fall can greatly impact your case. To protect yourself and your ability to recover compensation, consider the following:
- Seek medical treatment as soon as possible
- Report the accident to the property owner or manager
- Ask for a copy of the accident report
- Document the scene of the fall through photos and videos
- Ask witnesses for their contact information
- Keep the clothing and shoes you were wearing intact and safely stored
- Do not apologize to the property owner or their insurer
- Stay off social media
- Contact a Queens slip and fall attorney
Proving Liability in a Queens Premises Liability Lawsuit
To pursue a claim with the best chance of earning fair compensation for your injuries, you must prove that a negligent property owner is responsible for causing your slip and fall accident. For a property owner, landlord, or business to be responsible for your damages, the burden is on you to establish that:
- A dangerous condition existed on the property.
- The property owner knew or should have known that the dangerous condition existed.
- The property owner had the time and ability to fix the dangerous condition.
- You were injured by the dangerous condition and suffered financial losses as a result.
Proving liability requires securing evidence that strengthens your position that the property owner knew about and neglected to address a safety hazard on their property. Property owners and insurers don’t want to be on the hook for your injuries. They will present arguments to shield themselves from responsibility and blame you for the accident. An experienced Queens slip and fall lawyer will help gather evidence and build a strong case demonstrating why you deserve fair compensation for your injuries.
What Damages Can I Recover from a Slip and Fall Lawsuit?
The overall value of your slip and fall lawsuit will depend on several factors. The severity of your injuries and the cause of the accident can influence what your claim may be worth. You may be able to recover money for the following:
- Emotional distress
- Lost wages
- Lower earning capacity
- Medical expenses
- Pain and suffering
- Property damage
A knowledgeable Queens premises liability attorney will estimate the value of your case and outline your legal options for recovering compensation.
Time Limit to File a Queens Premises Liability Claim
New York has a premises liability statute of limitations. The state gives slip and fall victims three years from the date of the accident to file a personal injury lawsuit in court.
While three years sounds like enough time to pursue a case, you should contact an experienced Queens premises liability lawyer as soon as possible. The longer you wait, the better the chances that valuable evidence supporting your case will be lost or destroyed.
In addition, in cases involving municipalities, such as New York City, you must file a claim within ninety (90) days of the incident. Examples of cases against NYC include slip and fall accidents that occur at schools, libraries, parks, playgrounds, and other properties owned and operated by the city government.