Slipping and falling can be more than embarrassing – it can lead to injuries that alter the path of your life forever. That’s why if your slip and fall accident was the result of negligence on the part of another – like broken steps in New York – you need to understand what damages you can pursue under state law.
In New York, there are specific elements that need to be shown by a victim to hold a successful lawsuit in court. Here is what you need to understand about broken step cases and other staircase injuries in New York – to ensure your case will garner the compensation you deserve.
It’s not uncommon to hear about someone being injured in New York due to defective or broken steps. In fact, injuries are fairly common on staircases in general. The most common injuries are sprains and strains, but head and neck injuries, brain injuries, and broken bones also result.
These injuries can lead to lost wages, medical bills, and other damages that can impact a person’s life for years to come.
Who Is Responsible For Broken Steps?
If you fell on a staircase with broken steps and became injured, then you may be wondering who is ultimately responsible for your injuries. It’s a good question, and one that deserves an answer.
Staircase slip and fall injuries that involve broken steps fall under premises liability law in the state of New York. You must be able to show that the person responsible for the property is the one at fault. This can include tenants, property owners, landlords, store owners, and even government entities in certain circumstances.
To be successful in your lawsuit, you must be able to show that the property owner or the tenant of the property owed what is called a “duty of care” – and that they violated that duty by not keeping the premises in safe and working condition.
You have to demonstrate that they knew about or should have known about the dangerous situation and didn’t fix the problem. On top of that, you must show that the harm done was a product of that breach of duty. Finally, you must explain how damages from the accident merit compensation.
What Things Are Considered Damages in Premises Liability Cases?
Damages for which people often seek compensation in premises liability cases in New York are things that were a result of the injury sustained by the broken steps, such as:
- Physical injuries
- Physical pain
- Physical suffering
- Emotional suffering
- Loss of income
- Loss of benefits
- Cost of medical care
- Cost of personal care
- Permanent impairments or disabilities
- Loss of enjoyment of life
An experienced attorney can help you with your premises liability case in New York and ensure that your damages are adequately represented. This can help you get the compensation you need.
Is There a Time Limit?
In cases that involve injuries related to broken steps as well as other premises liability issues, the state of New York gives you three years from the date of your accident to file a lawsuit. This is a lot of time to consider things, but you don’t want to run out the clock. Evidence that supports your case can diminish with time, so it’s imperative to ensure that you file a lawsuit as soon as you are able – within that three-year statute of limitations window.