Falls are a leading cause of accidental injury in the United States and are responsible for millions of trips to the emergency room every year. While the news is full of stories about people getting six-figure settlements after slipping in a public place, not everyone can expect a huge payout when they fall on someone else’s property. Who is liable in a slip and fall accident? The answer is more complicated than you might think. Our slip and fall attorneys in Queens, NY have answers for you below:
Slip and Fall Accident Liability in New York
The person who owns or controls a piece of property has some legal responsibility for incidents that occur there. This is known as “premises liability.” However, this does not mean that the landowner or occupant can be sued for anything that happens on the premises. Under New York State law, the owner is merely obligated to keep the property in “reasonably safe condition” but is not the “insurer” of safety for all visitors. For example, if a customer knocks someone down in a grocery store, the owner is typically not liable for that fall.
Furthermore, premises liability does not absolve visitors of any liability at all for the consequences of their own actions. The owner and the guest both have obligations under the law. The owner must maintain safe conditions, while the visitor is expected to act lawfully and with due care. If the visitor is injured due to their own recklessness, then they are in breach of their own “duty of care.”
When Is the Property Owner Liable?
A property owner is liable when there is a “defective condition” on his or her property that caused another person to slip and fall, and the owner’s negligence allowed that unsafe condition to occur. To be liable, the defective condition must be “open and obvious,” meaning that a minor or trivial defect might not be legally actionable. Here are some examples of defective conditions that led to slip and fall lawsuits in New York State:
- A puddle of liquid detergent left on a supermarket floor
- A pile of garbage accumulated in a dark stairwell
- A patch of ice on the sidewalk
- An unsecured electric cable
When Is the Injured Party Liable?
The injured party is responsible for his or her own injury if it was caused wholly or partially by their negligence instead of unsafe conditions on the property. They also must also be on the property legally: a property owner is not responsible for the injury of trespassers. Here are some examples of when the injured party may be at fault:
- They entered into an employee-only area without permission
- They were not paying attention to their surroundings
- They were under the influence of drugs or alcohol
Can Both Parties Be Liable?
New York is one of 13 states that operates under a principle of comparative negligence, meaning that both parties may be assigned a share of the blame. If the injured party is found to be partially at fault, the courts may reduce the damages in the final judgment.
Talk to a Lawyer
If you live in or around Queens, NY, and you have questions about your liability in a slip and fall suit, contact Surdez & Perez P.C. for a consultation.
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