Can I Sue After a Fall at Another Company’s Property?

Yes, you can sue after a fall at another company’s property thanks to New York’s premises liability laws. This is usually possible even if you also have an open workers’ compensation claim, though you will need to prove negligence on part of the third-party property owner. 

Part of the process of suing another company after falling on their property requires you to show that your injury was directly caused by their unsafe conditions. However, you don’t have to do that by yourself. Instead, let a workers’ compensation lawyer in New York assist you.

When Can You Sue After a Fall on Another Company’s Property?

In many situations, yes, you can file a personal injury claim or lawsuit if you were hurt because a company failed to maintain reasonably safe conditions on its property. Property owners and businesses have a legal duty to keep their premises safe for visitors. 

When they fail to repair hazards, clean up dangerous conditions, conduct inspections, or warn people about known dangers, they may be liable for resulting injuries. However, simply falling on someone else’s property does not automatically mean the company is responsible. 

You generally must show that a dangerous condition existed and that the company either knew about it or should have known about it through reasonable inspections and maintenance. 

Common Causes of Slip and Fall or Trip and Fall Accidents

Falls can occur in nearly any commercial setting, but these are examples of rather common causes of people falling on another company’s property:

• Wet or slippery floors
• Spilled liquids
• Freshly mopped surfaces without warning signs
• Uneven sidewalks or pavement
• Loose or bunched-up carpeting
• Broken stairways 
• A lack of adequate handrails
• Poor lighting in hallways 
• Items left in public walkways
• Accumulation of ice and snow
• Defective flooring

Unfortunately, many of these hazards are preventable, but they end up causing harm because proper maintenance and regular inspections weren’t performed. If a company fails to address dangers like these, injured victims like you have the right to seek compensation.

How Do You Prove a Property Owner Was Negligent?

One of the biggest challenges in these cases is proving negligence. Insurance companies rarely accept responsibility without a fight, and they often look for ways to deny or minimize claims.

In order to recover compensation, your lawyer must show that the following details are true of your circumstances: 

• A dangerous condition existed on the property.
• The property owner or business knew about the condition or should have discovered it.
• The condition was not repaired or properly addressed.
• The dangerous condition caused the accident.
• The victim suffered actual damages as a result.

Evidence can play a major role in the process of proving these elements. Surveillance footage, photographs, witness statements, maintenance records, inspection logs, and accident reports can all help support your claim. 

What if the Company Claims the Accident Was Your Fault?

Many injury victims are surprised to learn that property owners and insurance companies often try to shift blame to the injured person. For example, here’s what they might true arguing:

• The hazard was obvious.
• You were distracted.
• You ignored warning signs.
• You were wearing improper footwear.
• You were not paying attention.

New York follows a comparative negligence system. This means that even if you are found partially responsible for the accident, you may still be able to recover compensation. However, your recovery could be reduced by your percentage of fault. 

Because insurance companies frequently raise these arguments, having legal representation can be important when pursuing a claim.

What Compensation is Available After a Fall-Related Injury?

The compensation available depends on the circumstances of the accident and the severity of the injuries. Many fall victims face substantial medical expenses, including emergency care, surgeries, hospital stays, physical therapy, medications, and future medical treatment. 

Here’s what your attorney can help you pursue compensation for:

• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Rehabilitation expenses
• Permanent disabilities
• Loss of enjoyment of life

Some injuries continue affecting victims long after the initial accident. Chronic pain, mobility limitations, and permanent impairments can impact both personal and professional life. 

What If You Were Working When the Fall Happened?

Many falls occur while people are performing their jobs, and you might assume that workers’ compensation is your only option, but it’s not necessarily true. While workers’ comp might be available, there are also these two options:

• Third-party personal injury claims against negligent property companies 
• Third-party personal injury claims against negligent property owners 

For example, a delivery driver may be injured after slipping on a hazardous condition at a customer’s warehouse. You might qualify for workers’ comp through your employer while also pursuing a separate claim against the property owner responsible for the dangerous condition. 

This can be extremely important because third-party claims may allow injured workers to pursue damages that are not available through workers’ compensation benefits alone. 

Call Shulman & Hill Today to Understand if You Can Sue After a Fall at Another Company’s Property 

Were you injured after slipping and falling on company property for an employer you don’t work for? At the office of Shulman & Hill, we understand that an incident like this might make you feel confused, stressed, and overwhelmed, but New York, We Got You. 

As New York’s premier injury law firm, our attorneys have more than 200 years of combined experience. Together, we’ve represented over 26,000 clients and recovered over $1 billion in compensation. 

Our office is diverse, just like the boroughs surrounding us. Our lawyers take great pride in our community, and we offer in-depth, in-house investigations for every case we handle. We have a lot of experience with New York Labor Law cases, and we’re ready to help you proceed.