Slip and fall accidents are surprisingly common in New York, where bustling streets, harsh weather conditions, and aging infrastructure can create hazardous environments. Despite how frequently these accidents occur, many people hold misconceptions about slip and fall claims that may prevent them from pursuing the compensation they deserve. Let’s debunk five common myths about slip and fall cases in New York to help you better understand your legal rights.
Five Slip & Fall Injury Myths
Myth 1: If You Slip and Fall, You’re Automatically Entitled to Compensation
One of the most widespread myths about slip and fall accidents is that simply falling on someone else’s property guarantees you compensation. Unfortunately, it’s not that simple. In New York, the injured party must prove that the property owner was negligent in maintaining safe conditions and that this negligence directly caused the accident. For instance, if a spill was present for an extended period and the owner failed to address it, the owner may be liable. However, if the hazardous condition was not known or couldn’t reasonably have been discovered, the case may not hold up in court.
Myth 2: You Can Wait to File Your Claim
Time is not on your side when it comes to slip and fall claims in New York. Many people believe they can delay filing their case, but state laws impose strict deadlines. The statute of limitations for personal injury claims in New York is generally three years from the date of the accident. If your slip and fall occurred on government property, however, you might face even shorter deadlines, sometimes as little as 90 days to file a notice of claim. Delaying action could jeopardize your ability to recover compensation, so it’s crucial to act quickly.
Myth 3: Slip and Fall Cases Are Always Settled Out of Court
While it’s true that many personal injury cases, including slip and falls, are settled before reaching a courtroom, this isn’t always the case. If a fair settlement cannot be reached, a trial may become necessary to ensure the injured party receives appropriate compensation. Insurance companies often attempt to settle quickly and for lower amounts than what might be awarded in court. If negotiations stall, having an attorney experienced in premises liability cases can be crucial in advocating for your rights throughout the litigation process.
Myth 4: If You Were Partially at Fault, You Can’t Recover Any Compensation
New York follows the rule of “pure comparative negligence,” which allows individuals to seek compensation even if they were partly responsible for the accident. Under this rule, your total recovery amount may be reduced based on the percentage of fault assigned to you. For example, if you were found to be 30% at fault for not noticing a “wet floor” sign, your compensation would be reduced by that same percentage. While partial fault can affect the amount you receive, it doesn’t automatically disqualify you from seeking damages.
Myth 5: Only Major Injuries Are Worth Pursuing in a Slip and Fall Case
Minor injuries can have major impacts on your daily life, and slip and fall accidents don’t always lead to catastrophic injuries right away. Even if your injuries seem relatively minor at first, they can still result in medical expenses, lost wages, or long-term complications. Soft tissue injuries like sprains and strains may worsen over time, while head or back injuries may not show symptoms until days later. A thorough medical evaluation following an accident is essential, and pursuing a claim for what initially appears to be a minor injury can still lead to compensation for your suffering and losses.
If you’ve been harmed in a slip and fall accident and are seeking financial compensation, please don’t hesitate to speak with a skilled Bronx slip and fall lawyer from the Law Office of Richard M. Kenny today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
