Whether you can sue your employer for an injury will depend on where the accident or incident occurred. If an incident occurs off of the employer’s premises, that will not be the employer’s problem. If, on the other hand, an employee slips and fall on their employer’s premises, their case would default to a workers’ compensation claim.
Does New York Law Consider My Carelessness When Determining If I’m Entitled To Compensation For My Slip-And-Fall Injuries?
New York is a comparative negligence jurisdiction. That means your degree of fault will be taken into account in a personal injury claim.
Does New York Law Require Me To File An Accident Report At The Time Of My Slip-And-Fall Accident Or Injury?
While filing an accident report is not required, it’s highly suggested that you do so. The report should give notice of where the accident actually happened. After suffering an injury, it’s best to call the police, and then have the responding police officer or EMT document what happened. That way, the defendant can’t later claim it wasn’t their fault.
If I’m Injured In A Store Or Place Of Business, Should I Sign Anything Given To Me By Management?
If you are at a place of business, ask for the manager to come and file an accident report. Use your cellphone to take some pictures of the scene and the surface where you slipped. Try to identify what you slipped on and take a picture of that, as well.
It’s okay to sign an accident report, but if the store manager asks you to sign a liability waiver, tell them no. Your job is to report what happened: “I slipped on this.” Don’t say anything beyond that. Otherwise, the store might be able to use it in their favor, not to help you.
In New York, Does It Matter Why You’re On The Property? Could Not Being Invited Affect Your Eligibility For Damages?
There are trespassing laws, but overall, it’s not relevant why you were there. We’ve seen recent cases where criminals who were trying to burglarize a house but fell through the roof were successful in suing the homeowners. The important things for your claim are the condition of the premises, the nature of the fall, and the extent of the damages.
Are There Any Liability Laws That Protect A Homeowner In The Event Someone Trespasses Onto Someone’s Property And Is Injured In A Swimming Pool Slip-And-Fall Case?
Pools fall under the attractive nuisance doctrine, which applies to things that pose a risk of serious injury or death to children and are usually found attractive by them (think: pools and swing sets). In New York, you are required to have a fence around the pool that’s actually locked. There might be something in the law that requires an alarm, as well. These laws that govern the installation of fences, even the manner in which the fences open and close, are there in order to protect the homeowner from children entering their property. The fences should pull out, which is contrary to what children are accustomed to, and the lock should be placed higher than normal to prevent children from having access.
For more information on Slip-and-Fall Injury Cases in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 467-0700 today.
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