If you slipped and fell on property owned by the New York City Housing Authority (NYCHA), you may be entitled to file a personal injury lawsuit. However, suing a city entity involves specific legal procedures different from a standard personal injury case — and there are a few considerations to remember.
Typically, in order to sue the NYCHA for a slip and fall accident, you must:
1. Prove the NYCHA was Negligent
In order to establish that the NYCHA should be held responsible for your slip and fall injuries, you must establish negligence. Critically, the NYCHA must have had actual or constructive notice of the dangerous condition that caused your fall. This means you must prove that the NYCHA knew — or should have known — about the hazard and failed to make timely repairs.
2. File a Notice of Claim
If you intend to file a personal injury lawsuit against the NYCHA for your slip and fall injuries, you must first file a Notice of Claim. This puts the entity on notice that you will be pursuing legal action, which must be done within 90 days of the accident. The Notice of Claim must contain:
- Details about the accident
- The location of the accident
- The date and time of the accident
- The nature of the claim
- Details regarding the damages and injuries sustained
Once you have filed the Notice of Claim, you have one year and ninety days to file a lawsuit. While standard personal injury lawsuits have a statute of limitations of three years, the shorter statute of limitations comes into play when suing a city entity or agency. The NYCHA then has 90 days to request a 50-H hearing, which is similar to a deposition.
3. Collect Evidence
It’s important to collect any evidence against the NYCHA that supports your slip and fall claim. While a personal injury attorney can gather crucial evidence — such as complaints made to the NYCHA — it can also be useful to collect evidence at the scene of the accident if you are able. For example, you should take photos and video of your injuries and the hazardous condition that caused them. Also, collect the names and contact information for any witnesses who observed the incident.
4. Seek Medical Attention
Medical documentation is vital to your NYCHA claim and serves as the foundation of your personal injury lawsuit. It’s a good idea to seek medical attention immediately after a slip and fall accident, even if you don’t think you’re seriously injured. In many cases, such as those involving traumatic brain injury or spinal cord damage, symptoms may not appear until weeks later. Obtaining prompt medical treatment and following your doctor’s orders is essential for your health — and to build your claim.
5. Document Your Losses
In order to pursue a personal injury case against the NYCHA, you must show that you suffered damages. Keep track of your out-of-pocket medical expenses, lost wages, and any out-of-pocket costs you incurred due to your slip and fall to establish your economic damages. You should also keep a journal documenting the physical limitations you suffered and how your injuries impacted your daily life and livelihood. This can be helpful when it comes to proving your non-economic losses.
Contact an Experienced New York Personal Injury Attorney
Filing a personal injury claim against the NYCHA can be complicated, and having a knowledgeable personal injury lawyer who can help you secure the maximum compensation available for your injuries is critical. The Dearie Law Firm, P.C., has handled premises liability matters for over three decades, including claims involving the NYCHA, and is dedicated to achieving the best possible results in each unique case. Contact us today for a consultation.