Can a Slip-and-Fall Accident Lead to a Personal Injury Claim?

A sudden slip and fall can result in more than temporary soreness. Depending on the circumstances, a fall may lead to significant injuries, medical expenses, missed work, and other lasting consequences. When an unsafe property condition contributes to the accident, the injured person may have grounds to pursue a personal injury claim.

However, simply being injured on someone else’s property does not automatically make the property owner liable. Slip-and-fall cases depend on factors such as how the accident happened, the nature of the hazardous condition, the injuries sustained, the available evidence, and who owned, occupied, maintained, or controlled the property.

At Quarantillo & Truex, we represent individuals throughout Lockport, NY; Niagara Falls, NY; and Buffalo, NY in personal injury matters, including slip-and-fall accidents.

When a Slip-and-Fall Claim May Be Possible

Property owners and others responsible for maintaining premises may have an obligation to keep areas reasonably safe. A slip-and-fall claim may be possible when a dangerous condition contributed to an injury and the responsible party created the condition or knew (or reasonably should have known) about it.

Potential hazards may include:

• Wet or slippery floors
• Accumulated ice or snow
• Uneven pavement or damaged flooring
• Poorly lit walkways or staircases
• Broken or defective stairs
• Missing or damaged handrails
• Debris or other obstacles in walking areas

Slip-and-fall accidents can occur in stores, workplaces, apartment buildings, parking lots, sidewalks, restaurants, offices, and many other locations. In New York, premises liability can depend in part on whether the party responsible for the property created the dangerous condition or had actual or constructive notice of it and sufficient time to address it.

What Must Be Proven in a Slip-and-Fall Case?

Evidence plays an important role in determining whether someone may be held responsible for a slip-and-fall accident. The specific requirements depend on the circumstances, but questions commonly include whether a hazardous condition existed, who owned or controlled the property, and whether the responsible party had an opportunity to correct the problem.

For example, an investigation may consider whether the hazard had previously been reported, whether it was visible and apparent, or whether it had existed long enough that it reasonably could have been discovered and corrected. New York courts have repeatedly addressed these issues when determining actual or constructive notice in premises liability cases.

It is also necessary to establish a connection between the dangerous condition, the fall, and the resulting damages. Depending on the case, damages may include medical expenses, lost wages, pain and suffering, and other accident-related losses.

Steps to Take After a Slip and Fall

What you do following an accident may affect your health as well as your ability to document what happened. Because conditions such as spills, snow, ice, and debris can quickly disappear, gathering evidence as soon as reasonably possible can be particularly important.

After a slip-and-fall accident, consider taking these steps:

• Seek appropriate medical attention and follow your treatment plan.
• Report the accident to the property owner, manager, employer, or other appropriate party.
• Photograph or record the area where you fell and the condition that caused the accident.
• Take photos of your footwear and any visible injuries.
• Collect the names and contact information of witnesses.
• Keep copies of incident reports, medical records, bills, receipts, and relevant communications.
• Be cautious about providing recorded statements or accepting an insurance settlement before you understand your rights and the potential value of your claim.

A personal injury attorney can also help determine what additional evidence may be available, including surveillance footage, inspection records, maintenance documents, or previous complaints.

Common Challenges in Slip-and-Fall Cases

Even when someone suffers a serious injury, establishing liability may be complicated. Property owners and insurance companies may dispute whether a dangerous condition existed or whether anyone knew about it before the accident.

They may also argue that the injured person was partly responsible for the fall. Other challenges can arise when surveillance footage is unavailable, witnesses cannot be located, or the condition changes before it can be properly documented.

Insurance companies may also question the severity of an injury or dispute whether certain medical expenses and other losses resulted from the fall. Preserving documentation and seeking legal guidance early can help protect important evidence.

New York Laws That May Affect Your Slip-and-Fall Claim

New York has specific rules that can affect personal injury and premises liability claims. In general, CPLR § 214 provides a three-year limitations period for personal injury actions, although exceptions and shorter deadlines may apply depending on the defendant and circumstances.

New York also applies comparative fault principles. Under CPLR § 1411, an injured person's own culpable conduct generally does not completely prevent recovery in an ordinary personal injury action, but recoverable damages may be reduced according to that person's share of responsibility.

Claims involving municipalities and certain other public entities can involve substantially shorter deadlines and additional procedural requirements. For claims subject to New York General Municipal Law § 50-e, a notice of claim generally must be served within 90 days after the claim arises. General Municipal Law § 50-i also establishes additional requirements and, for covered personal injury claims, generally requires an action to be commenced within one year and 90 days of the event.

These rules make it important to identify who owned or controlled the property as soon as possible. The appropriate deadline and legal requirements can vary depending on where the accident occurred, who owns the property, and the specific facts involved.

This article provides general information and is not intended to constitute legal advice. Laws, deadlines, and legal requirements can vary depending on the circumstances of an individual case.

How Quarantillo & Truex Can Help After a Slip and Fall

At Quarantillo & Truex, slip-and-fall injuries are among the personal injury matters we handle. Our firm has more than 50 years of combined legal experience and represents clients throughout Niagara and Erie Counties.

When you come to us after an accident, we can review the circumstances surrounding your fall, investigate the property condition, identify potentially responsible parties, gather available evidence, communicate with insurance companies, and pursue appropriate compensation based on the facts of your case.

You can learn more about our Slip & Fall and Personal Injury services, read more About our firm, or visit our Contact page to get in touch with us.

In addition to personal injury representation, Quarantillo & Truex assists area clients with matters involving child custody, criminal law, workers comp, and DWI charges, as well as those who need a divorce lawyer. Our firm serves Lockport, NY; Niagara Falls, NY; Buffalo, NY; and surrounding Niagara and Erie County communities.

Contact Quarantillo & Truex to Discuss Your Slip-and-Fall Accident

After a serious fall, acting promptly can make it easier to preserve evidence and determine which deadlines apply to your situation. If you were injured because of a potentially dangerous property condition, speak with a personal injury attorney about your options.

Quarantillo & Truex offers free consultations for individuals seeking legal representation in Buffalo, Lockport, Niagara Falls, and the surrounding areas. Contact our firm today to discuss the circumstances of your slip-and-fall accident and learn how we may be able to help.