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:
- Defective staircases
- Poorly lit walking area
- Unmarked walking hazard
- Protruding flooring, rug or carpet
- Uneven flooring or surface
- Loose or broken sidewalks
Statute of Limitations for Filing Trip and Fall Accident Cases Against the City
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:
– Uplifted pavement from tree roots
– Large cracks from freezing and thawing
– Sinking pavement slabs due to changing soil
– Un-repaired crumbling or crevices
– Unmarked construction or warning of hazard, such as a pipe or fallen object
In order for the city to be held liable, the fall must have occurred on a sidewalk that:
– Is on public property or a public area
– Is not maintained up to city standards
– Is not currently under construction with clear markings and notices; the city is responsible for maintaining safe walkways near construction zones. This includes providing clear signage or indication to warn of any damage.
What To Do After a Trip and Fall Accident
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:
– Take photographs of the scene of the accident;
– If someone witnesses your fall, gather their information;
– If your trip and fall occurs in a store, such as a department or grocery store, make sure you file an accident report. You can do this by asking for the manager and they will then document your version of the accident. This will prove to be valuable in representing you for your injuries. If possible, make sure to obtain an accident report prior to leaving the store.
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:
– The extent of your injury or illness
– If and how long you were in the hospital
– Surgeries and expected future surgeries
– Permanent injuries and scarring
– Future medical and rehabilitation needs
– Lost wages and future loss of income
– Non-economic injuries, such as pain and suffering
– Aggravation of a pre-existing condition
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.
Trip and Fall Accident Injuries
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:
– elbow and shoulder dislocations and fractures,
– knee damage,
– spine and nerve damage,
– facial fractures, lacerations and bruising,
– traumatic brain injury,