Slip-and-fall injuries can result in serious injuries to victims. In addition, these injuries often leave victims in extreme pain with stacks of expensive medical bills. Fortunately, if you’ve been hurt in a slip and fall accident in New York, you may be entitled to financial compensation for your injuries. However, things get slightly more complicated when you are injured on public property. In this article, we discuss what to do if you fall on public property in New York.
What is Premises Liability?
Premises liability is a legal concept that assigns responsibility to a property owner following an injury sustained on the owner’s property. To obtain financial compensation in this type of lawsuit following a slip and fall accident, you must prove that you were lawfully on the owner’s property, that the owner negligently maintained the property in an unsafe condition, and that you were injured as a result.
Types of Public Property
Types of public property that sometimes cause slip and fall accidents include:
- Sidewalks
- Parking lots
- Roads
- Government offices
- Public parks
- Public libraries
- Public schools
- Public playgrounds
- Train stations
- Bus stops
The Process for Filing a Claim After a Fall on Public Property
As noted above, the process for filing a legal claim for a fall on public property is different than the process for doing so for a fall on private property. Public property slip and fall cases usually take the form of local claims (typically filed against a city) and federal claims (filed against the federal government).
Local Public Claims
Below is the process for filing a claim against a local government entity in New York.
File a notice of claim: If you are injured in a slip and fall accident on city property, you must file a notice of claim with three months from the date of your injury. After 30 days from the date you filed your notice have passed, and you attend any hearings required by law, you may file your lawsuit in court. To be eligible for financial compensation, you are required to file your lawsuit within a year and 90 days after your accident.
Government responsibilities: After you file a notice of claim, the city is required to investigate the claim. If the city determines that it is responsible for causing your injury, then it may offer you a settlement. If you accept the city’s settlement offer, you may no longer pursue a claim against the city in court.
Federal Public Claims
Slip and fall claims against the federal government are pursued pursuant to the Federal Tort Claims Act. To bring a valid claim under the act, you must prove the following:
- An employee of the federal government caused your injury.
- The employee acted in his or her official capacity at the time of your injury.
- The actions of the employee were wrongful or negligent.
- The above actions caused your injury.
Contact a Slip and Fall Accident Attorney
If you have been injured in a slip and fall accident, you need a knowledgeable and experienced slip and fall accident attorney in your corner. At Bornstein & Emanuel, P.C., we understand the hardships caused by slip and fall accidents. So, when you come to us for assistance with your slip and fall case, we will work diligently to obtain compensation on your behalf. Please contact us to arrange a meeting with an experienced slip and fall accident attorney.
