Regardless of whether you’re visiting someone’s home for business or pleasure, it’s natural to assume that the appropriate parties have taken the necessary measures to ensure that their property is a safe environment. Unfortunately, not all homeowners uphold their legal obligation to exercise reasonable care towards their guests by fixing dangerous property conditions or providing adequate warnings of hazardous situations to prevent serious accidents and injuries. When difficult conditions on a property are not rectified, and a guest sustains an injury, they often wonder if they can take legal action against the homeowner to recover financial compensation for their losses. If you’ve been injured on someone else’s property, you may be entitled to significant compensation. Please continue reading to learn who is liable for a slip and fall at someone’s home and how a determined New York City Premises Liability Attorney can help you today.
Is a homeowner liable if I slip and fall at their house?
In New York, property owners have a responsibility to maintain a reasonably safe premise. This includes regularly inspecting their property for unsafe conditions and fixing them promptly. If they violate this responsibility, they can be held liable for any injuries that occur as a direct result of their negligence. The following are some instances where a homeowner may be responsible for your injuries if your slip and fall accident was caused by:
- Uneven walking surfaces
- Uncleared weather-related hazards
- No warnings of areas under construction
- Wet or recently waxed floors
- Leaking ceilings
- Loose floorboards
- Broken tiles, stairs, or handrails
- Frayed, torn, or bunched carpeting
- Defective sidewalks
- Cracked pavement or driveways
- Cluttered floors (tripping hazards)
- Poor housekeeping
- Inadequate lighting
Whether a homeowner is liable for your injuries after a slip and fall accident on their property depends on the nature of the hazard, how long the homeowner knew of its existence, and whether they tried to remedy it. For a homeowner to be liable for a slip and fall on their property, you must prove that they either knew or should have reasonably known about the unsafe property condition and failed to address it, resulting in injuries.
How long do I have to pursue legal action?
In the unfortunate event that you have been injured in a slip and fall accident on someone else’s property, you are legally entitled to file a claim against the at-fault party to seek reasonable compensation for the damages you’ve incurred. However, you must file your claim within three years of the accident date. If you fail to file your claim within this legal deadline, you will face the absolute bar of recovery. Essentially, you will forfeit your right to pursue legal action and recover any compensation for your losses.
If you or someone you love has been injured in a slip-and-fall accident at someone else’s home, it’s in your best interest to contact a talented attorney from the legal team at Swerling Law, who can ensure that you file your claim to meet the strict legal deadline. At Swerling Law, we understand how difficult life after an accident can be. As such, we are ready to fight for you to help you get the justice you deserve.
