Slip and fall accidents can take place essentially anywhere, such as a public sidewalk, a retail store, or someone else’s house. If you have an accident while visiting a friend, relative, or neighbor, one of the first questions to ask is if the person has homeowner’s insurance. Most homeowners do carry this type of insurance, especially if they have a mortgage.
Due to the spread of COVID-19 and social distancing guidelines, many New Yorkers are finding themselves working at home for the very first time. Not only can working at home pose technological and logistical challenges, but it can also lead to compromised safety and more accidents around the home.
As part of our ongoing conversation about slip and fall cases in New York, today we are looking at what proving fault in slip and fall accidents requires according to the law. To pursue a successful case, it is not simply enough to demonstrate that you fell on another person’s property. You also must prove that your fall was someone else’s fault and not solely due to your own carelessness.
Slip and fall cases may seem simple enough on the surface, but these are often complex matters that are difficult to pursue and prove without the help of an experienced slip and fall lawyer. These types of cases become even more challenging when comparative negligence plays a part in the accident.
Of the many types of cases we handle at the Law Office of Jeffrey K. Kestenbaum, premises liability cases are among the most common ones here in Brooklyn. However, there are different types of premises liability cases and certain injuries that are most common from these accidents.
Slip and fall accidents can happen essentially anywhere throughout the course of a day – at home, on city streets, while boarding public transportation, and on a business property. However, one of the most common places that accidents occur is at work, which is particularly concerning for employers who are entrusted to provide safe and reliable working conditions.
Like all accidents, slip and falls have a way of catching people completely off-guard and perhaps even into a state of shock. Yet there are many important things to remember after an accident happens for the sake of your health and to later pursue a claim against the person or entity responsible for your injuries.
Slip and fall accidents can take place essentially anywhere, but one of the most common locations for them are apartment complexes. These multi-unit structures provide homes for many people and pose significant hazards for residents and visitors. In some instances, the landlord can be held liable, which means that you can pursue a legal case for damages.
Absolutely anyone can be a victim of a slip and fall accident, regardless of age, agility, or athletic ability. Slip and fall accidents commonly take place in the home, on business properties, event venues, and public transportation stations. Furthermore, these accidents could cause severe physical trauma and be the fault of another liable party.
The New York City subway has over 660 miles of track in passenger service, which is essential for getting us to work and around the city every day. Millions of New Yorkers and tourists rely on this MTA service, but it can also pose serious safety risks in the form of slip-and-fall accidents.
Here is some information about what causes slip-and-fall accidents at subway stations, who is liable for injuries sustained here, and what the MTA’s role is in maintaining NYC subway stations.
Common Sources of Subway Accidents
Subway stations can be some of the most dangerous places in the city, especially during inclement weather and for people with coordination or balance issues. Subway station stairs pose risks when they are wet, slippery, or very crowded with commuters. Individuals can also get injured at subway stations due to malfunctioning turnstiles, uneven platforms, cracked concrete, and littered walkways.
Who Is Liable for Subway Station Accidents?
Some people mistakenly think that any accident that happens at a subway station is automatically the fault of the MTA since the accident occurred on MTA property. However, some accidents are deemed to be out of the MTA’s control, such as the intentional or criminal action of another person at the subway station. The MTA cannot control the weather or where people decide to toss their trash, but it can control how it warns people about hazardous conditions and cleans up messes inside stations.
Premise liability cases against the city-owned MTA can be challenging to prove, especially when you’re going up against such a powerful entity. This is why you need an experienced local lawyer on your side to help you navigate the legal system to your advantage after a slip-and-fall accident.
Role of the MTA in Maintaining Subway Stations
Although the MTA cannot be held responsible for all slip-and-fall accidents that take place at subway stations, it still has a legal responsibility to keep stations safe and properly maintained. This means that MTA employees must post warning signs about station repairs or weather conditions that could pose hazards, and they must clear snow and debris from stairs in a timely manner.
To pursue a personal injury case against the MTA, you and your attorney must be able prove that the MTA breached its duty to properly maintain a subway station, that the MTA’s breach caused your fall, and that you were injured because of that accident.
When to Contact a NYC Subway Accident Lawyer
The longer you wait after a slip-and-fall accident at a subway station, the harder it will be to prove your case and recover damages to help cover your medical bills, lost wages, and pain and suffering. The Law Office of Jeffery K. Kestenbaum is here to help you gain compensation for all the financial losses you’ve suffered due to the negligence of the MTA. We will collect all of the evidence necessary to build a case and take on the MTA and the City of New York to ensure that justice is served.
You don’t have to suffer in pain and struggle through the legal process on your own. Contact us day or night at 718-237-5586 or send us a message to discuss your rights and get a free consultation with one of our attorneys.