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New York City Personal Injury Lawyers

Ernest Holzberg & Associates FAQ

New York City Personal Injury Lawyers

Understanding Premise Liability in a Slip and Fall Case

What is a slip and fall claim?

A slip and fall claim is a type of personal injury claim based on premises liability. In personal injury law, a claim based on premises liability generally refers to an injury caused by an unsafe condition on someone’s property. Although a ‘slip and fall accident’ injury can be caused by a number of unsafe circumstances, some common conditions that can lead to a slip and fall include defective staircases, accumulations of ice and snow, wet or oily floors, hidden extension cords, loose rugs or carpets, broken or loose flooring, sidewalks, steps, or stairs.


What does a slip and fall claim require?

To prevail in a case based on premises liability, you generally have to prove several things. You must show that you were on the property because you live there, or the premises are open to the public, or you were invited on to the property, or had other reasons to be on the property. Secondly, you must show that the owner of the property was negligent in creating or in dealing with an unsafe condition.  This means that the premises owner knew or should have known about the unsafe condition, yet failed to address the condition either by fixing it or providing adequate warning and notice as to its existence. Third, you must show that your injury was the result of the premises owner’s negligence in failing to address the unsafe condition.

For example, during winter months, a common example of negligent maintenance comes after an owner fails to adequately remove snow and ice from the sidewalk near their property.  When it has snowed, all property owners/building managers know that it is their responsibility to clear the snow and provide pedestrians with a safe walkway.


Have you been injured?

If you or a loved one have been injured due to an unsafe condition on someone else’s property, you may be entitled to compensation for your medical bills, lost wages, and other damages. For more information about filing a slip and fall claim, please contact the experienced personal injury attorneys at The Law Office of Ernest Holzberg & Associates.


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