- August 1, 2021
- Posted by: Fatos Dervishi, ESQ.
- Category: Slip and Fall Accidents
Slip and Fall Accident Cases
Can a municipality be held accountable if you slip and fall on their property? The answer is yes if they were negligent in the maintenance and upkeep of the property. However, there are two important limitations on the rights of an injured person to sue a federal, state, or local municipality
First, municipalities have strict deadlines for filing a claim. Second, limitations are placed by the municipality on how much money can be recovered when the case is won.
When is a municipality liable for a slip and fall accident?
A municipality is liable for a slip and fall accident on its property if:
- The municipality or an employee was somehow negligent.
- It is proved that negligence caused the accident.
- It is proved that the government was aware or should have been reasonably aware of the unsafe condition.
What are the important time and notice deadlines?
There are deadlines set by each municipality for filing a claim against the entity.
Before suing the federal government, the state, or a municipality, one must generally file a formal notice of injury with the proper government entity. There may be different notice requirements in the federal government and each state but the notice must typically include the following information:
- Full name and address.
- Date of the injury.
- A brief summary of how the injury occurred.
- A statement making claim that the governmental authority was negligent.
- Allegation as to how the government’s negligence caused the injury
- A description of the injuries, and
- A description of the medical bills and other financial losses to date.
It is important to note that the deadline for sending this notice could be as short as 30 days, depending on the type of government.
Send notice to the proper government entity
Send the notice to the appropriate government entity. The claim may be barred if the notice is sent to the wrong government office.
Contact a personal injury lawyer to help you meet the proper notification requirements. They will show you how to get answers for properly filing a claim.
What are the limits on damages in injury claims against the government?
Limits on damages may differ depending on the type of governmental entity.
How to prove liability for a slip and fall on government property?
Take pictures of the accident scene, clothes, and any bruises you may have. Pictures play a very important role in slip and fall cases because broken sidewalks or stairs may be repaired before a claim can be made. Also, conditions such as ice and snow can change within minutes and may make it difficult to win an ice and snow case without pictures to show the icy condition at the time of the fall.
Report the incident immediately to someone in charge at the governmental property and be sure the incident is documented. Get the contact info of witnesses.
Call New York Slip and Fall Attorney at Dervishi Law Group, P.C.
Have you suffered injuries as a result of a slip and fall accident due to the negligence of a municipality? Call Dervishi Law Group, P.C., 718-619-4525 to see if you have a viable claim.
