Lawyers For The People

Experienced Premises Liability Attorneys

When you get injured by a slip-and-fall accident on another person’s property or while out at a restaurant, store or any other type of commercial property, you may have a premises liability case. If you or a family member has been injured as a result of another person or party’s negligence, you should not hesitate to call an Oneonta personal injury attorney from Scarzafava, Basdekis & Dadey, PLLC, to represent your case. We understand how stressful and overwhelming it can be to deal with the injuries from a slip-and-fall, and we are here to help.

Our personal injury attorneys have the knowledge and skill you need to work toward achieving a positive outcome. Call us today to schedule a free, confidential case review. From our office in Oneonta, we handle slip and falls and other accidents in Otsego, Delaware and Chenango counties.

Holding Property Owners Accountable

If a property owner or manager is negligent and it leads to you being injured on the premises, an attorney can help you file a personal injury claim. At our firm, we represent clients throughout the tricounty area and in Oneonta, Cooperstown, Delhi, Norwich and Sidney as well as Albany, Binghamton and Syracuse. The responsible party should be held legally accountable for their actions, and we work to ensure that you receive the compensation you are entitled to.

Finding Compensation For Your Injuries

Property owners may not be the only ones who might be held responsible for failing to maintain the flooring. Those who were in charge of installing the floor may also be held liable if they did not follow the proper guidelines for installing the floor, did a poor or shoddy job of ensuring the evenness of the surface, or failed to address or prevent any known hazards that might cause someone to trip.

Slip- and trip-and-fall incidents can be caused by unsafe conditions, such as:

  • Slippery substances left on the floor
  • Debris or merchandise on the ground or the aisles
  • Equipment or debris that is improperly stored
  • Building code violations
  • Unsupervised swimming pools
  • Poorly maintained swimming pools
  • Dangerous or defective park rides
  • Uneven driveways or parking lots
  • Collapsing ceilings or roofs

Do You Have Questions? We Have Answers.

Below are some answers to commonly asked questions about what to do after a slip-and-fall accident.

How Much Time After An Accident Do I Have To File A Compensation Claim?

Typically, the “clock” stops running on premises liability claims three years after the accident. It’s important to point out that if the statute of limitations expires – meaning, the three-year window has come and gone – you no longer have the right to file a claim, which is why it’s important to take action sooner rather than later in these types of injury cases.

What Types Of Damages Can I Seek And Recover?

In most premises liability cases, plaintiffs seek compensatory damages, which are meant to cover costs associated with an individual’s injuries, such as medical and hospital bills, prescription and therapy costs, lost wages and property damage. In some cases, such as those involving gross negligence, a plaintiff may be able to seek punitive damages. As the name suggestions, these types of damages are meant to punish the negligent party for their actions or, in some cases, their inaction.

When determining a reward for damages, the court will take several factors into consideration, including but not limited to:

  • Whether the property owner’s negligence was a factor or the direct cause of the accident
  • What type of damages were suffered (i.e., physical injuries, damage to property, etc.)
  • What your percentage of fault was in the accident

Can Someone Who Trespasses On A Property Collect Damages?

In most cases, no. In cases of trespassing, New York law states that a property owner may not be held liable for injuries suffered by the person who went onto their property without permission. However, there are exceptions to the rule, and the court may hold a property owner accountable in cases where they knew the person who trespassed and in cases involving children who trespass.

Retain An Oneonta Slip-And-Fall Attorney Today

For a complimentary case consultation regarding your slip-and-fall accident and the injuries that you have sustained, please contact our office today at 607-441-4137.