If you have been injured in a slip and fall accident, you may be wondering if you are eligible for compensation. The type of compensation available is largely based on where the slip and fall accident took place. Here are a few important things to know when it comes to slip and fall accident location.
Slip and Fall Accident Location | Suing a County or City
You may sue a county or city within New York State if you were injured on public property belonging to a municipality or other government-owned subdivision. However, you must remember that such cases are governed by New York State’s general municipal law, which provides extra protections to counties and cities. One such protection requires that a notice of claim be filed within 90 days, which sometimes operates as a statute of limitations because if it is not met, your case can be lost. Even after the 90-day filing period, the statute of limitations is shorter in these types of cases. Cities and counties are somewhat insulated regarding negligence, so it is important that investigation begin immediately.
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Slip and Fall Accident Location | Public Pool Injury
From time to time, we have gotten calls from clients who were injured when they slipped on floor surfaces or decks, either at a local pool or at a school. Those kinds of cases are very challenging because, by their very nature, those surfaces can be expected to be wet. Some issues do arise – such as when certain areas are wet when they should be dry walkways, or when they’re not maintained, or when entrance areas near exterior doors become treacherous because one can expect water, snow, or ice, to be tracked in. The exceptions to that general rule make it very challenging to bring a claim for a premises liability case, such as one in which water has accumulated around a pool deck or an area like that.
Slip and Fall Accident Location | Workplace Injury
You may be wondering if you can sue your employer if you slip and fall at work. The short answer to that is no, however there are a number of exceptions. New York State has a workers’ compensation law that prevents employees from suing employers for common negligence. What we have found throughout the years, and in many cases is that the employer may not have owned the property where the employee had been injured by a slip and fall. In those cases, we can look to the employer to provide us with information about the owner or do our own research to get that information. If the ownership is different from the employer, then the owner can be responsible for the injuries of an employee during the time of employment. Under those cases the workers’ compensation carrier would provide the benefits for the individuals wage loss and medical treatment. Then, the owner of the property would be responsible for the pain and suffering as well as special damages.
If you have any questions about slip and fall accident location and what that may mean for your case, please contact our experienced Buffalo slip and fall injury attorneys today to schedule a free consultation.