Trip and Fall Accident Attorneys In New York
A slip and fall accident may occur when a person is walking on a surface that has a dangerous condition, including snow, ice, water, liquids, oil or other slippery substances. The recovery of damages resulting for negligence may occur if the injury is caused by these dangerous conditions.
Trip and fall accidents can occur when a person trips over a broken and/or uneven sidewalk and other floor surfaces; poor visibility due to inadequate lighting; tools or other items on the floor where people walk; worn and/or bunched up carpet, rugs and mats; broken pipes sticking out of the ground; and other trip hazards.
Certain key elements must be met in slip or trip and fall accident lawsuits, such as negligence on the part of the individual responsible for where the accident occurred. For example, liability may be found if a slip and fall accident took place because a property owner allegedly failed to warn of the dangerous condition with signs or roping off the dangerous area.
These types of lawsuits may also be filed when the owner of the property where an accident occurred neglected to take action that was sufficient to avoid the accident. For example, if water is on the floor of a restaurant, business, or theater and the owner of the establishment knew, or should have known, but did not dry the area or warn patrons.
The owner might be responsible for any slip and fall accidents that might take place. If a property owner had no way of knowing about the dangerous condition, the situation may not constitute negligence. For example, if a person slips and falls while snow is falling during a storm, negligence would be challenging to prove.
If a person is hurt in a slip or trip and fall accident, medical attention should be immediately sought; the property owner should be notified; and claims must be documented and should include any injuries, the dangerous condition, and witness(s) names and contact information. Compensation from these types of lawsuits may help cover medical expenses, such as hospital stays or other types of medical treatment and loss of wages and future wages.
Trip and Fall Accident Injuries
Various types of injuries may significantly impact a person’s life. For example, a foot, ankle, hip, or back injury may be disadvantageous to a person’s life by impacting a person’s mobility, ability to work, and ability to drive.
Many individuals also suffer serious, life-changing injuries that may lead to wrongful death. Unlit stairwells and hallways, wet floors and stairs, and construction site and road defects may often lead to catastrophic injuries.
Parker Waichman’s New York trip and fall injury attorneys have long and successfully handled trip and fall cases and have a deep knowledge of New York personal injury law.
There are a number of slip and trip and fall accident dangers such as slippery surface falls, stairway accidents, falls from heights such as terraces and balconies, falls from parking ramps and sidewalks, and falls in bathtubs and showers.
Property owners must maintain safe properties and, if it is proven that a property owner was negligent or was aware of, or should have been aware of, a dangerous or defective condition that led to a slip and fall, the injured party may be compensated.
Property Owner Responsibility
Property owners must ensure that their property—including parking lots and sidewalks—are maintained, which also includes that snow and ice is removed to eliminate potential safety dangers.
Property owners are permitted what is described as a “reasonable” period of time to remove snow and ice. This means that if an individual falls on a snowy area of a sidewalk during a snowstorm, the property owner may not be held liable for the fall given that snowing was in progress.
Should property conditions develop into an unnatural accumulation of snow and ice, the property owner may be held liable for a slip and fall accident. Examples include ice accumulating on a roof, melting, dripping due to a clogged drain, and re-freezing or an uneven parking lot permits melting ice to form puddles that re-freeze into iced areas.
Should a property owner provide snow or ice removal, he/she must ensure regular maintenance is provided.
Defective or broken stairs are another cause of a trip and fall accident. It is the property owner’s responsibility to ensure all steps have the same rise and depth and have visible edges. Stairs must be kept free of debris or other obstacles and stairwells must be well lit and constructed with sturdy handrails on both sides.
What is Considered Reasonable in a Trip and Fall Accident?
Effective New York trip and fall attorneys, such as the attorneys at Parker Waichman LLP determine the notion of reasonableness by evaluating whether the property owner used common sense, was aware of all situations that should have been known, and took appropriate care to ensure the property was safe.
Manners in which to determine if a property owner was reasonable involve if the injured party tripped over a broken or uneven area of carpet or floor, if the injured party slipped on a wet area, and if the hazardous condition occurred over a period of time that would have enabled the owner to have been aware of it.
Other issues involve if accidents have happened in that area previously, if there is a schedule established for regular maintenance and cleaning or repair of the premises, and any proof that the owner has of regular maintenance.
If the trip and fall was due to an object placed on the ground, a determination will be made if there was a valid reason for the item being where it was placed and once that reason expired if the object may have been removed, covered, or made safe. A determination will also be made if the object could have been located in a safer place, and if a barrier could have been put in place to warn of potential danger. Another consideration involves lighting and if poor or broken lighting contributed to the accident.
If the answers are in the injured party’s favor, there may be a claim made for compensation.
Injured parties are advised to take photographs of the scene of the accident; their clothing and shoes; and any bruising, cuts, scrapes, stitches, or casts to document injuries. Obtain the names and contact information for any witnesses. Complete an accident report with the manager and collect evidence, including shoes and what was on the floor, such as a piece of produce.
If You Have Questions About Filing A Slip or Trip and Fall Injury Lawsuit
The attorneys Parker Waichman have a long history of successfully fighting New York trip and fall injury accidents and recovering compensation for their clients. If you or someone you know has been injured due to a trip and fall accident, the firm offers legal consultations to individuals with questions about filing a lawsuit.
Parker Waichman offers free, no-obligation case evaluations. For more information, call 1-800-YOURLAWYER (1-800-968-7529).
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