Snow storms are a regular occurrence in Kingston and the rest of the Mid-Hudson
Valley region. It goes without saying that store patrons track snow into
stores where it melts causing slippery surfaces. Our Kingston slip and
fall attorneys see an increase in the number of guests injured in store
slip and falls during this time of year, particularly due to melted snow
in stores. Each of our offices receives regular phone inquiries relating
to this duty and if an injured victim has the right to commence an action.
It is important to know what are your rights as a victim of a
slip and fall accident and our experienced attorneys are here to explain what you need to know.
Our course, this does not substitute actual advisement and is only for
educational purposes; you are encouraged to contact us below for more
Property owners must maintain their stores so that their guests’
safety is not compromised. Many proprietors use floor mats or runners
to protect customers from tracked in snow and ice, but not all owners
are as vigilant. If you sustain injuries in a Kingston slip and fall accident,
you may be entitled to compensation. An owner or possessor of property
who does not exercise reasonable care to prevent foreseeable harm to a
guest may be liable for the guest’s injuries. This is called a theory
So long as the owner or possessor of the property, either himself or through
an employee, was aware of or should have been aware of the dangerous condition,
you have the ability to gain compensation for your Kingston slip and fall
accident. The law refers to this knowledge as either actual notice or
constructive notice. Actual notice is exactly what it sounds to be, but
what constructive notice means is that if melted water was present for
a long time, or recurs, the owner or possessor will be imputed with knowledge
of the dangerous condition even if he or she claims to have lacked knowledge
of the condition.
Of course, owners are granted a reasonable amount of time to remedy a dangerous
condition. According to the storm in progress doctrine, which we discussed
earlier this week in a blog post, a landowner or possessor does not need
to remediate dangerous ice and snow conditions until a reasonable period
of time after a snow has concluded. However, this doctrine has been applied only for
outdoor conditions rather than indoors ones. Simply, even if the storm has not
yet ended the owner or possessor is always responsible for keeping his
interior areas safe.
Owners may even be liable if they or an employee attempted to remediate
the problem but did so inadequately or improperly; remember negligence
can arise from failing to do something, or from actively creating exacerbating
the dangerous condition. For instance, attempting to mop up water but
only spreading it out over a larger area of the floor will result in liability
for a guest who slips and falls. Similarly, using too much soap to clean
up the dirty, snowy floor will also result in liability for a guest who
slips and falls.
Our slip and fall attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious personal injury accidents,
particularly throughout the Mid-Hudson Valley region in Kingston,
Newburgh where we have offices.
If you or a loved one has been injured in a personal injury accident, please
do not hesitate to contact us by calling 845-340-HURT (4878) or toll free
at 866-440-4452, or by using the
convenient contact form here.