Can I File a Lawsuit Against NYC for a Parking Lot Trip and Fall Accident?

If you have tripped and fallen on private or commercial property, you can hold the property owner liable for your injuries because they are responsible for maintaining their premises and providing a safe environment for patrons and any other visitor who frequently uses it. They are also responsible for repairing potholes, providing adequate lighting, clearing ice on pavements, and fixing any other dangerous conditions that can cause accidents. If your accident happened in a municipal parking lot in NYC, you could still hold the property owner accountable for your injuries. However, filing a lawsuit against municipalities like the City of New York is not easy because it has municipal immunity.

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How Municipal Immunity will affect you

Municipalities such as New York City have several legal protections, like immunity from a lawsuit in many situations. However, immunity rarely covers acts of negligence. Therefore, if your accident was caused by the city’s failure to remove a certain hazard, you have every right to pursue a lawsuit against them.

However, it does not mean the process will be simple because there are special notice requirements for suing government entities. For instance, if you are filing a lawsuit against NYC, you have to provide them with written notice of the claim within ninety days from the date the accident occurred. Furthermore, you will have an additional 1-year statute of limitation for your claim against NYC.

What causes parking lot accidents in NYC?

A person can accidentally slip and fall in a parking lot in New York City because of hazards such as poor lighting, slick floors, lack of handrails, potholes, uneven pavement and cracks, lack of railings, and snow and ice. In NYC, parking lot owners are legally required to clear snow and ice from their premises within 4 hours after a storm has ended. If they violate this safety regulation by failing to carry out their duty of care to visitors, it can be used as evidence of negligence and automatically strengthen your case.

How much is my case worth?

Every case is different depending on the severity of the injuries, their impact on your wages, and how they affect your quality of life. When calculating the worth of your case, the insurance adjusters will look at the economic as well as the non-economic losses you have incurred. Economic damages will help you recover financially, and it will cover all accident-related costs like lost wages and medical bills. On the other hand, non-economic damages will cover things like the pain and suffering you endured, loss of consortium, and reduced quality of life. Generally, you should receive full and fair compensation that should fully cover all the accident-related losses you have incurred or will incur in the future.

Conclusion

If you intend to file a lawsuit against the city and pursue legal compensation from them after having an accident on public property, you should first contact a legal expert. The litigator will take the stress off your shoulders and handle all the legal matters for you.

Check out: 5 Tips to Choose the Right Lawyer [A Detailed Guide]