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Trip and fall accidents can result in serious injuries and long-term consequences. Fixed objects, uneven surfaces like broken sidewalks, or objects impeding a pathway can initiate a stumble which can often result in a fall. Under New York premises liability laws, property owners and landlords have a duty to keep their properties safe for guests, employees, and tenants. If you trip and fall in a store, at an apartment complex, or on a New York City sidewalk, you may be eligible for damages for injuries you sustain.
A trip and fall accident occurs when a person trips over an object on the floor and cannot bring their other leg forward fast enough to prevent the fall. These accidents can occur due to tripping over the elevation between the street and the sidewalk, uneven paving stones on the sidewalk, items left on the floor, such as debris, construction materials, and boxes.
When a trip and fall accident occurs on someone else’s property, the owner or manager of that property may be held liable for any injuries sustained from the accident. This is known as premises liability. When someone is injured after tripping on another person’s property, the cause of the accident can often help in determining if there are any liable parties and who those liable parties might be. Some of the most common causes of trip and fall accidents include:
When suing the city as the responsible party for a trip and fall accident, a notice of claim MUST be filed within 90 days of the trip and fall accident to preserve the right to pursue further legal action and one year and 90 days from the trip and fall accident to bring a lawsuit.
Whether from negligent construction operations or lack of maintenance and repair, sidewalks can become dangerously cracked and defective. When neglected over time, the conditions grow more and more hazardous. Who you are able to sue for compensation when suffering from a trip and fall accident due to negligent conditions depends on where the property is located. In some cases, municipalities, the city government, or even more than one entity is responsible. Hazardous sidewalk conditions include:
In order for the city to be held liable, the fall must have occurred on a sidewalk that:
Seek medical treatment. Some falls can be life threatening, so it is important to get the medical attention you need as soon as possible. Seeking medical attention also allows you to get the treatment you need to create an official doctor’s record of events to be able to later support any legal action you take.
It is also important to have a report of the incident. If possible, gather evidence such as:
If you or a loved one are injured in slip and fall accident, you only have a certain amount of time to file a claim, so it is important that you contact and experienced trip and fall accident attorney as soon as you are able after receiving medical care for your injury. To evaluate your case, we examine the unique details of your accident including:
New York’s statute of limitations gives victims of a trip and fall accident three years from the date of the trip and fall accident to take legal action against a property owner. However, the sooner the claim is filed, the stronger the case will be.
If you or your loved one have suffered serious injuries from a trip and fall, Karasik Law Group will fight for your right to compensation for every dollar you are entitled to under the law. Call us to today at (718) 502-9112 to schedule a free consultation. And be sure to visit our website at www.karasiklawyers.com. At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.
Some of the most common types of injuries resulting from a Trip and Fall are hip, wrist, and ankle fractures and elderly people are more likely to break a bone as a result of a fall. Other types of injuries can include:
sprains,
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