In winter, icy pavement and negligent property owners are a bad combination for the millions of New Yorkers who walk through the city each day. If you have slipped and fallen on an icy sidewalk, a dedicated personal injury attorney can meet with you to ensure that you understand the relevant legal issues in bringing a suit, including:
- Statute of limitations - New York law demands that a personal injury claim be filed within three years of the incident. If you miss this deadline, you can be barred from recovering for your injury regardless of the case's merits.
- Responsibility of the victim - New York, unlike some other states, allows a victim to collect damages even if they were partly at fault for the injury. The recovery is reduced by the percentage of fault the victim bears. For instance, if someone suffers $10,000 in damages after slipping on an unshoveled sidewalk, a jury would award $7,000 if they ruled that the plaintiff was 30 percent responsible because his shoelaces were untied.
- Duty of reasonable care - Property owners have a duty to maintain safe conditions on their premises and sidewalks. Should the factfinder (judge or jury) hold that this duty was breached, the next step is to determine whether the breach was the proximate cause of the injury.
If you have been injured in a slip and fall accident, Goldberg Sager & Associates, Attorneys at Law can help you to enforce your legal rights. We can explain what type of recovery you may be entitled to. To schedule a consultation with an experienced Brooklyn personal injury attorney, call 347.497.3245 or contact us online.