All too often, regular maintenance issues like poor lighting, wet floors, unsteady hand rails, or torn carpets cause trip and fall accidents to victims. Surprisingly, even in well-maintained facilities in New York, these accidents can happen to anyone anytime, and some due to personal carelessness like walking without looking at the floor. On public roads or parks, pedestrians or visitors can have trip and fall accidents due to rain, ice, or a potholes, but each and every case may not lead to a personal injury lawsuit.
Tip and fall accidents on private or public properties
In most cases, a person injured in a trip and fall accident on someone else’s property has to prove that the accident caused due to the property owner’s negligence. Often proving a property owner’s negligence in NY can get tricky, as normal wear and tear are expected in any property, and visitors are supposed to exercise reasonable caution to avoid accidents.
Thus New York State law requires that a victim of trip and fall accident proves:
- The property owner created a dangerous condition
- The property owner was aware of the condition but failed to deal with the condition in a responsible manner
- If the condition existed for a length of time, then the property owner should have discovered and rectified the condition before the accident took place
- If the property owner foresaw the danger and overlooked it, then he or she must be held liable for the accident
Tip and fall accidents on government property
When a slip and fall accident happens in or on New York government owned property, special rules apply because such facilities, by law, enjoy stringent notice requirements and immunity provisions protecting the facilities from legal actions.
Legal methods for determining liability in trip and fall accidents
While New York attorneys will agree that there is no uniform method for determining the liability in a trip and fall case, the general approach is to examine whether the property owner acted with reasonable care to prevent such accidents from happening. To make the property owner responsible or liable for an on premise trip and fall accident, one of the following conditions must be satisfied:
- The property owner was directly responsible for the accident, whether it is a slippery floor, an unsteady hand rail, a torn carpet, or a leaking roof.
- The property owner, with full knowledge of the danger, completely neglected the condition.
- A reasonable person in place of the property owner would have discovered the dangerous condition and rectified it.
Legal proof against negligent property owners
To build a strong trip and fall injury case against a negligent property owner in NY, a personal injury victim will have to acquire the following evidences:
- Clear photographs of accident site
- Clear photographs of the injury if possible
- Detailed explanation of the incident
- NY police reports if the police were summoned
- Medical bills and receipts
Call us at 212 697 9280!
In a trip and fall injury case, the injured victim needs a personal injury attorney in New York. Do not sign anything until you have found legal help. Their offer to you will be much lower than what this case is worth most likely. There is no one better in this arena than RMFW Law or Rosenberg, Minc, Falkoff, & Wolff. You can reach us at 212 697 9280.
The first meeting is free. We know how to attack the opposition. We have won millions of dollars for past clients – you can be on this phenomenal list.