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New York Slip and Fall Laws

If you have recently suffered injuries from a slip and fall, and you’re a member of the Long Island community, we advise you to seek assistance from one of the top lawyers in Suffolk County at Birzon & Associates. Our expert attorneys on staff have been serving the Suffolk County communities since 1991. Our teams specialize in a number of different legal categories, such as clergy abuse, personal injury, healthcare, wrongful death and slip, and fall accidents. Our firms’ primary mission is to provide outstanding legal expertise and representation for our clients in an effort to produce the results that our clients deserve. In situations involving injuries from slipping and falling, our firm specializes in personal injury and can provide an abundance of information regarding the slip and fall laws in the state of New York. 

New York Slip and Fall Laws

In most slip and fall cases, the negligence law will be highly relied on in order to help win the case. The negligence law consists of five key elements:

  • Duty: The law recognizes that there is a relationship between the accused and the accuser requiring the accused to act in a specific manner.   
  • Breach of Duty: There needs to be proof that the accused disregarded their duty to the accuser. 
  • Cause in Fact: The accuser must prove that the accused negligence and actions were the cause of the accusers’ injuries. 
  • Proximate Cause: The accused is only responsible for the harm and injuries that the accused could have foreseen. 
  • Damages: The accuser must prove that there was physical damage to a person or property as a cause of the accused negligence. 

The state of New York allows a three-year statute of limitation on slip and fall cases, meaning that you have three years from the date of the incident to file suit. After the three year mark, your case will most likely be dismissed. Most slip and fall cases are dealt with by the property owners’ insurance company, not the property owners themselves, and because of this, the insurance company will ask many questions about the accident as well as the actions leading up to the accident and more. To help with these questions, if they do arise, always make sure an accident report is filled out at the time of your injury. 

When to contact a lawyer in Suffolk County

After a slip and fall accident occurs and you do choose to file suit it would be best to contact a lawyer that specializes in slip and fall cases. If you live in the Suffolk county area, Birzon & Associates can provide you with legal representation for this matter. Only about two percent of slip and fall cases go to a jury trial, as most are settled outside of the courtroom. If your case does go to a jury trial, there are several factors that you will need to be made aware of:

  • You must prove that the property manager was negligent and because of their negligence, it caused your injuries. 
  • Must prove negligence, you must provide proof that the property owner had an obligation to not cause you injury and that they violated this obligation.
  • You will be asked to prove the extent of your injuries.
  • You may be held partially responsible (especially if the conditions that caused your injuries were temporary; for example icy sidewalks, broken stairs).   
  • Statute of limitation: there’s a time limit on having your lawsuit heard. 

Birzon, Strang and Associates Law Firm, a lawyer in Suffolk County 

Our group of personal injury lawyers is dedicated to you and your case. With 25 years of trip/slip and fall-related litigation experience, our team is among the best lawyers in Suffolk County, having achieved over 50 million dollars in trial verdicts and settlements. We are an award-winning law firm with a strong history of achieving great results for our clients. Our lawyers will help you recover the benefits that you are entitled to, including some of the following:

  • Medical expenses. 
  • Loss of income.
  • Loss of future earning capacity. 
  • Pain and suffering.

If you are one of the 12 percent of slip and fall victims in the United States and you need a lawyer in Suffolk County; Birzon, Strang and associates law firm can help you achieve a positive outcome in your suit. Contact our offices today for more information.

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  • Smithtown Office
    222 East Main Street
    Suite 212
    Smithtown, New York 11787
    Phone: 631-518-4015
    Fax: 631-265-6799
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