Negligent property maintenance poses considerable risks for visitors, who might slip or fall because of hazards. When victims sustain injuries in such accidents, they can hold at-fault property owners accountable in Scarsdale.
Following slip and fall incidents, victims should document their injuries immediately. They can do so by calling 911 and getting emergency medical treatment from paramedics. Victims should also inform property owners of their injuries, preferably in writing. Confirming your injuries with medical professionals is crucial, as this will generate medical evidence we can present during your case. While you recover physically, our lawyers will confirm the property owner’s liability by interviewing eyewitnesses, reviewing surveillance footage, and collecting additional evidence from the scene. We will also confirm the appropriate filing deadline for your case, which will most likely be three years after the accident in Scarsdale.
Call The Martello Law Firm, PLLC for a free case assessment from our Westchester, NY slip and fall lawyers at (914) 685-6950.
What to Do After Slip and Fall Accidents in Scarsdale
Begin by documenting the accident, whether by calling the police or reporting the incident to the negligent property owner. Then, focus on documenting your injuries so our attorneys can access medical records to use as evidence in your claim.
Serious slipping, tripping, or falling accidents might require police involvement. Law enforcement can help process accident scenes, collect crucial information, and ensure victims get attention from paramedics. Falls due to unsecured railings on balconies or poorly constructed scaffolding could happen from considerable heights, increasing the chances of victims sustaining debilitating or fatal injuries in Scarsdale.
For any slip and fall accident, victims may call 911 to receive emergency medical treatment from paramedics and assistance from law enforcement.
Victims may also report incidents to property owners, as their negligence might have caused the accidents. We can help victims inform property owners of the accident and their injuries in writing to make them aware of the situation.
Slip and fall injuries vary, ranging from sprains and fractures to traumatic brain and spinal cord injuries. Other common injuries include damage to knees, neck, wrists, feet, hands, elbows, and joints in general. There is also the risk of sustaining internal injuries during impact with the ground, which victims may only realize when they get medically evaluated following accidents in Scarsdale.
Confirming Liability for Slip and Fall Injuries in Scarsdale
When slip and fall incidents happen, it is typically due to a property owner’s negligence and failure to uphold their duty of care. We can confirm the exact cause of your injuries, which will inform who you sue for compensation in Scarsdale.
Property owners owe visitors a duty of care. This duty includes maintaining a reasonably safe environment, free from hazards that could cause injury. For example, suppose you were walking to the restroom in a restaurant when you tripped over a broken floorboard and fell, sustaining fractures in the process. If no signage indicated the hazard and warned customers of the potential danger, the restaurant would likely be liable for your damages.
Suppose there was a sign indicating the hazard. In such cases, New York’s comparative fault laws might apply under C.V.P. Law § 1411, lowering victims’ damages. If comparative fault is an issue in your case, our lawyers can interview eyewitnesses and review other evidence, like surveillance footage, to undermine those arguments. For example, if there was a sign warning customers of the broken floorboard, but the sign was not visible due to poor lighting or improper placement, the restaurant might be fully liable for your injuries.
Continuing with the example above, even if a restaurant employee was responsible for creating the sign and posting it to warn customers and they failed to do so, their employer, the restaurant owner, may still be liable. Employers are responsible for the actions of their employees performed within the scope of employment. So, even if a restaurant employee was instructed to clean up a spilled drink but failed to, and a customer slipped and was injured, the restaurant owner could be responsible due to vicarious liability.
Figuring the Filing Deadline for Your Scarsdale Slip and Fall Claim
The deadline to pursue compensation for slip and fall injuries in Scarsdale is three years under § 214(5). The clock begins counting down the date an accident happens unless an exception applies and the statute of limitations is tolled.
One exception to the statute of limitations is if defendants leave the state intentionally for over four months or conceal their identities to avoid litigation, according to § 207. Furthermore, § 208 provides an exception for minor victims. When injured as children, victims have two years from reaching majority age to sue in Scarsdale.
Based on the circumstances surrounding the accident and when it happened, our slip and fall lawyers can confirm the final date you can file your claim. That said, you should not wait until the last possible moment to file, as that could pose issues, even if you do so before the deadline. Delaying claims could prevent victims from obtaining or preserving evidence from slip and fall accident scenes, making it harder to meet the standard of proof.
After confirming the filing deadline, we will assess the best time to file your lawsuit. Filing too soon could mean you do not have sufficient proof of injury or damages to recover compensation. We can gauge the right time to sue after preparing a strong case, which should include evidence confirming your losses from the accident. Missing the deadline to file could fully bar you from recovering compensation in Scarsdale, and we can ensure this does not happen to you by preparing and filing your lawsuit before that date.
Call Our Attorneys for Help with Your Claim in Scarsdale
Call our slip and fall lawyers at (914) 685-6950 to get a free case review from The Martello Law Firm, PLLC.
