Q: Is a townhouse association liable for personal damages I suffered if I slipped and fell on common property ?

A: So sorry to hear what happened to you. Property owners in New York have a legal duty to maintain their premises in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. Merely slipping and falling on someone's property without the existence of a dangerous condition does not render the property owner legally responsible for the resulting harm. Assuming a dangerous condition caused you to slip and fall and the townhouse association had notice of the condition (either actual or constructive), it might be responsible for your injury. If you haven't already, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

A: I'm sorry about your accident and injuries. As my colleague correctly states, liability could hinge on demonstrating a dangerous condition, together with any applicable notice elements. There could be a number of issues to sort out here, in terms of the cause of the accident, liability, insurance coverage, and other factors. You could reach out to attorneys to try to arrange a consult to discuss further and learn more about your rights and options. Good luck

A: Yes, the townhouse association where you slipped and fell will be responsible to pay for your damages if and only if they were negligent in causing your damages. You have the burden to prove that they were at fault. You can do this through pictures, witnesses, videos, or whatever other evidence you have to show that they were negligent in causing your loss.

A: I'm sorry to hear about the injuries you suffered in your fall. A serious injury like this can have long-term effects on your mobility, ability to work, and overall quality of life. Understanding your legal options and whether the townhouse association may be liable is an important step.

In New York, property owners, including townhouse associations, have a duty to maintain common areas in a reasonably safe condition. This responsibility falls under premises liability law, which governs claims for injuries that occur due to unsafe property conditions. If the townhouse association failed to properly maintain the common area where you fell, you may have grounds for a personal injury claim.

Key Factors in Determining Liability

--Duty to Maintain the Property. Townhouse associations are typically responsible for maintaining common areas such as sidewalks, parking lots, stairways, and walkways. If your fall occurred in one of these areas, the association may be liable if it failed to keep the area safe.

--Negligence and Notice of a Hazard. To establish liability, you must prove that the townhouse association was negligent. This means showing that: 1). A dangerous condition existed, such as ice, snow, uneven pavement, poor lighting, or another hazard. 2). The association knew or should have known about the hazard and failed to address it in a reasonable amount of time. 3). Their failure to act caused your injury.

New York follows comparative negligence rules under CPLR § 1411, meaning that if you were partially responsible for your fall (e.g., wearing improper footwear or not paying attention), your compensation could be reduced based on your level of fault.

Steps to Take

1. Document the Scene. If possible, take photos of where you fell, noting any hazards like ice, uneven pavement, or poor lighting. If there were witnesses, get their contact information.

2. File a Report with the Townhouse Association. Notify the association in writing about the incident. This establishes a record of the accident and can be useful evidence later.

3. Seek Medical Treatment and Keep Records. Continue with your prescribed medical treatment and therapy. Keep records of medical bills, doctor’s reports, and any statements from your doctor regarding long-term mobility issues.

4. Consult an Experienced New York Personal Injury Attorney. Premises liability cases can be complex, especially when dealing with a townhouse association that may argue they are not responsible. An attorney can help assess your case, gather evidence, and determine if a lawsuit is appropriate.

If the townhouse association is found liable, you may be entitled to compensation for medical expenses (past and future), lost wages if you are unable to work, pain and suffering, and permanent disability or loss of mobility in your wrist.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.