State law protects people who have suffered a slip and fall accident due to the fault or negligence of a property owner. Slip and fall accidents are often overlooked in personal injury cases, but actually account for many of the devastating and painful injuries. Statistically, slip and fall incidents are the second most common cause of injuries in America, just behind car accidents. Thousands of people pass away due to tragic slip and fall accidents each year. Victims or the surviving family can file a case against the property owner based on premises liability law so that they can receive compensation for damages and losses.
What does it mean to be in “possession of property?”
Any individual in possession of property can be held responsible for damages that were incurred if a personal injury accident happened in New York. Property owners may be liable for slip and fall injuries that occur both inside and outside the property. To be considered in “possession of property,” the following must be true:
- A person occupies and intentionally maintains control over the property
- That person has occupied the property with intent to control it, and no other individual has followed
- That person is entitled to immediate possession of this property, where there is no other entity entitled to the same rights over it
Where do most slip and fall accidents in New York happen?
Injuries from slip and fall accidents often happen in malls, warehouse stores, shopping centers, hotels, sidewalks, parking lots, and other types of private or commercial buildings. The types of establishments where slip and falls are the most common include:
- Movie Theaters: Due to the dark environment, a person cannot see liquid or debris on the floor as they walk to or from their seats.
- Playgrounds: Children can become injured if they fall from playground equipment.
- Theme Parks and Amusement Parks: Places like Magic Mountain, Disneyland, Universal Studios, and Raging Waters are common for injuries to occur because of all the potential things that can happen on a ride.
- Night Outing Establishments: Bars, lounges, nightclubs, and late night restaurants are places where people may slip and fall or get into an altercation with another patron.
- Restaurants: Sit-down restaurants and fast food places are where slip and fall accidents often occur, due to food or drink spilled on the floor or a lack of use of proper “wet floor” signs.
- Malls and Retail Stores: Both large malls and smaller retail stores are where slip and falls can happen, particularly if clothing or other products are left in the aisles, leaving shoppers vulnerable to tripping.
- Supermarkets: Shoppers at Whole Foods, Albertsons, Trader Joes, and other grocery stores may slip and fall if the workers do not attend to water puddles on the floor or foods that were spilled in walking areas.
- Hotels and Inns: Hotel staff must always prioritize keeping the property safe, as hotel patrons use the elevator, stairs, hallways, and other common areas. Hotels may also be held liable if a slip and fall were to happen in the room due to negligence or not providing sufficient safety measures (such as grip mats in the shower).
If you or someone you love was injured in a slip and fall accident, contact a slip and fall law firm in White Plains, like the Law Offices of Frank Young to see if you could have a case. Call us today for a free consultation: 914-285-1500.