Fall brings cooler temperatures, changing weather conditions, and more frequent rain to New York City. While rainy weather may seem like an inconvenience, wet sidewalks, slippery building entrances, and poorly maintained walkways can create serious hazards for pedestrians.
For people who are injured in a slip-and-fall accident, the consequences can extend far beyond a bruised knee. Broken bones, head injuries, back injuries, and other serious conditions can result in medical treatment, missed work, and significant expenses.
So, why do slip-and-fall accidents become more common during rainy fall weather in NYC, and who may be responsible when someone is injured?
How Does Rain Create Slip-and-Fall Hazards in NYC?
Rain can make otherwise safe walking surfaces unexpectedly dangerous. Water can accumulate on sidewalks, stairs, ramps, and building entrances, reducing traction and increasing the likelihood that someone will lose their footing.
Common rainy-weather hazards include:
- Wet or slippery sidewalks
- Puddles and standing water
- Water tracked into building entrances
- Slippery stairways
- Wet floors in stores and office buildings
- Damaged sidewalks that allow water to accumulate
- Poorly maintained drainage areas
- Leaves covering wet or uneven surfaces
These hazards can be particularly dangerous in a city where millions of people travel on foot every day.
Can Wet Leaves Cause a Slip-and-Fall Accident?
Yes. Falling leaves can create additional hazards during the autumn months. When leaves become wet, they can become slippery and may conceal cracks, holes, uneven pavement, or other dangerous conditions underneath.
Property owners and other parties responsible for maintaining a walkway may have a duty to address hazardous conditions on their property. Whether someone can be held liable depends on the specific circumstances of the accident, including who controlled the property and whether the responsible party knew or should have known about the dangerous condition.
Who Is Responsible for a Slip-and-Fall Accident in NYC?
Liability depends largely on where the accident occurred and who was responsible for maintaining the property.
Depending on the circumstances, a potentially responsible party could include:
- A commercial property owner
- A residential property owner
- A landlord
- A property management company
- A business operating on the premises
- A municipality or other government entity
- A contractor responsible for maintenance
New York premises liability law generally requires property owners and other responsible parties to take reasonable steps to maintain their property in a reasonably safe condition. However, an accident alone does not automatically establish liability.
An injured person generally must be able to establish that a dangerous condition existed and that the responsible party was negligent in connection with that condition.
What Is Notice in a New York Slip-and-Fall Case?
One important issue in many premises liability cases is notice.
Generally, an injured person may need to establish that the property owner or responsible party either knew about the dangerous condition or had enough time that they reasonably should have discovered and addressed it.
This can involve two types of notice:
Actual notice: The responsible party knew that the hazardous condition existed.
Constructive notice: The condition existed for long enough, or was sufficiently apparent, that the responsible party should have discovered and corrected it through reasonable inspections and maintenance.
For example, if rainwater has been accumulating inside a building entrance for an extended period and employees have failed to address it, evidence regarding how long the condition existed could become important to a potential claim.
What Should You Do After a Slip-and-Fall Accident?
If you are injured in a slip-and-fall accident, taking certain steps at the scene can help preserve important evidence.
If you are able to do so safely:
Report the accident. Notify the property owner, manager, employee, superintendent, or another responsible person. Ask that the incident be documented.
Take photographs. Photograph the area where you fell, including water, leaves, uneven pavement, damaged flooring, poor lighting, or other conditions that may have contributed to the accident.
Identify witnesses. Obtain contact information from anyone who saw the accident or observed the hazardous condition.
Preserve your clothing and shoes. If your clothing or footwear became wet or damaged during the accident, keep them in their condition at the time of the incident.
Seek medical attention. Some injuries may not become apparent immediately. Medical records can also document the nature and extent of your injuries.
Keep records. Save medical bills, treatment records, correspondence, photographs, and other documentation related to the accident and your injuries.
Can You Still Have a Claim If You Were Partially at Fault?
Potentially. New York follows a comparative negligence system, meaning an injured person’s own actions may be considered when determining damages.
For example, a property owner might argue that a pedestrian was distracted, wearing inappropriate footwear, or otherwise contributed to the accident. However, being partially responsible does not necessarily prevent someone from recovering compensation.
The amount of compensation may instead be affected by the percentage of fault assigned to each party.
How Can an Attorney Help With a NYC Slip-and-Fall Claim?
Slip-and-fall cases can involve more than simply proving that someone fell and was injured. Establishing who was responsible for the property, whether a dangerous condition existed, how long it existed, and whether the responsible party had notice can all become important.
An attorney can investigate the circumstances surrounding the accident, identify potentially responsible parties, gather available evidence, and evaluate the nature and extent of the resulting injuries.
For accidents involving NYC properties, additional issues may arise when a municipality or other government entity is involved, including special notice and procedural requirements.
What Should You Do If You Were Injured in a Fall?
Rain, wet leaves, and changing fall weather can create dangerous conditions throughout New York City. Property owners and other responsible parties may have legal obligations to reasonably maintain their premises and address known or discoverable hazards.
If you were injured in a slip-and-fall accident, documenting the scene and seeking appropriate medical care as soon as possible can help preserve evidence related to your injuries and the conditions that caused your fall.
If you believe a property owner’s negligence contributed to your accident, speaking with a New York personal injury attorney can help you understand your legal options and whether you may have a viable premises liability claim.