Injured in a New York Fall: What If the Property Owner Blames You?
Falls aren't just minor accidents. In fact, they are among the biggest reasons for hospital admissions due to injury in New York. Upon referring to the New York State Department of Health, falls are the top cause of injury-related hospitalizations for adults. You're just strolling through a grocery store, the lobby of an apartment building, or down the sidewalk of a city, and a slip-up could have you in the ER.
But what makes these situations even more stressful? When the owner of the property tries to blame you. Instead of being responsible for hazardous conditions, they might say that you weren't keeping an eye out or that the danger was obvious. That's when it gets complicated, and you need to know your rights.
Knowing Property Owner Responsibility in New York
In New York, there is a law that says property owners have a duty to others to render their property safe. That is what is known as premises liability. It basically means that when you are legally on someone else's property (be it a store, a rental complex, or even a government office), they have a duty to render you safe. That involves fixing dangerous conditions or at least warning you about them. Some of the most common examples of dangers are:
Slippery floors from spills or mopping
Uneven sidewalk or broken steps
Low lighting that hides obstacles
Ice and snow that hasn't been shoveled
Loose carpeting or flooring tiles
If the owner should have known and did not know with reasonable inspections, and they neglected it, that would constitute negligence. If you slip on spilled soda in the supermarket aisle left for 30 minutes without a warning notice, that's a clear failure to maintain safe conditions.
New York's Comparative Negligence Rule: It's Not All or Nothing
One of the most important things to understand about slip and fall cases in New York is comparative negligence. What this means is that you can still get paid even if you were partially at fault for falling.
New York has so-called "pure comparative negligence." That is, the court will figure out what percentage of the accident was your fault and subtract that percentage from your award. So, for example, if your total damages or specific amount cost is $100,000 and the court finds you 20% liable for not watching where you were going - basically it could mean you'd receive $80,000.
This law is massive. It recognizes that accidents are not necessarily one-way. You may have been distracted, but if the property owner left a dangerous condition in plain sight and did not get it fixed, they are still liable.
Why Legal Advice is Imperative When Blame is in Question
Premises liability lawsuits never go the way you think. The property owners and their insurance companies have time on their hands, and they use that to shift the blame to you. Their goal? Pay less than they do or nothing at all.
They might say:
You weren't looking where you were going
The danger was obvious, and you could have avoided it
You were wearing inappropriate footwear
You were somewhere you didn't belong
That's why legal representation can make all the difference. A seasoned lawyer knows how to counteract these tactics. They'll explore the scene, interview witnesses, gather evidence like video or maintenance records, and build a strong case that proves the fault of the property owner.
If you find yourself in this kind of scenario, you do not have to figure it all out on your own. Keith D. Silverstein & Associates, a trusted slip and fall lawyer in New York, has the experience and local knowledge to help defend your rights and ensure you're treated fairly from start to finish.
Conclusion: Don't Let Them Shift the Blame Unfairly
If you've been hurt as a result of a fall, you should be given the chance to put your side of the case forward. Just because a property owner is attributing fault to you doesn't automatically mean it occurred. New York law allows for recovery even when you have fault.
Understanding how comparative negligence works and what property owners are responsible for can make all the difference. And the best way to protect your rights is to talk to a seasoned attorney who knows how to handle these cases.
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