Slip and fall accidents happen at one of three basic locations: private property; commercial;
or public property. At any of these, the property owner must not create
a dangerous condition, nor must he or she allow a dangerous condition
to persist on the property. In fact, any dangerous condition created by,
known about, or what should have been known by the owner must be remediated.
Any danger that cannot be timely fixed must be accompanied by a warning
The same rules apply no matter who owns the property. However, the type
of owner will affect how an injured guest responds to a slip and fall
experienced Poughkeepsie slip and fall attorneys know that injured victims are less likely to hesitate suing a business
owner or the government. Slip and fall victims, however, are likely to
not sue a private party if the property is owned by a friend or family member.
For obvious reasons, victims just do not like suing friends and family.
While we understand the feelings that underlie this, we also must point
out that the property on which you fell was most likely covered by a homeowners’
insurance policy. In fact, it is almost certain because most people get
a loan to purchase a house. The conditions of receiving the loan are the
owner giving a mortgage to the lender and procuring insurance on the property
to protect the lenders interest.
slip and fall injury that occurred on a friend’s or family member’s property can
be covered by their homeowners’ insurance policy. This means that
the compensation you receive will not come out of the owner’s pocket.
Rather, the insurance company will pay the claim.
You will need to do several things in order to collect reimbursement from
the insurance company. Take pictures of the scene and keep all medical
records. Get the owner’s insurance information. Importantly, do
not talk with the insurance company without an attorney’s advice
and it is better for the attorney to do the talking. Simply provide the
above documentation to an attorney who will take care of everything else.
Since suing a friend or family member will most likely have been decided
after long deliberation, please be mindful of statutes of limitations periods.
Slip and fall accidents will be premised upon negligence. Slip and fall victims have three years
from the date of the negligent act to commence litigation.
Learn more about slip and fall accidents in the fall
from the latest article from our experienced attorneys available by clicking here. Read about the common causes of slip and falls in the autumn available byclicking on the link here. Also read about the notice requirement, which is essential to proving
your case, in
our blog post available here. A fall in the dark due to dimly light areas of a property can also bring
liability, and find out more about that in
our blog post available here.
Our personal injury 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 car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. 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.