Does It Matter If A Slip And Fall Injury Occurred On Private Or Public Property?

by Friedman & Ranzenhofer, PC on July 15, 2015

in Buffalo Injury Questions and Answers

Buffalo personal injury cases that involve someone falling and being injured due to a dangerous condition on someone else’s property are usually referred to as “slip and fall” cases.

Slip and fall personal injury cases may arise from an injury on either private or public property, although special rules may apply when an injury occurs on public property that make it more difficult to bring a successful personal injury claim.

Slip and fall cases on public property usually will involve bringing a claim against the local or state agency responsible for the maintenance of the property.

When bringing any claim against a local or state agency in New York State, it is usually necessary for the injured person to report the claim to the local or state government within ninety days of being injured.

This notice generally must include the name and post-office address of each person bringing a claim and of their attorney; the nature of the claim; the time when and the place where the injury occurred; the manner in which the claim arose – such as falling on debris left on a sidewalk; and the injuries sustained.

A person who fails to file this notice of claim with the local or state government within 90 days is usually barred from bringing a personal injury claim absent a court order.

Slip and fall cases involving public property can also be more difficult with certain types of dangerous conditions – such as a defect in a crosswalk causing a pedestrian to fall – because New York State law allows local governments to pass laws exempting them from liability unless they were previously informed of the defect and failed to correct it in a reasonable amount of time.

If you have been injured due to a defective condition on private or public property, you should consult with an experienced personal injury lawyer.

Call us at 716-631-9999 for a free consultation.

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