A trip and fall occurs when your foot encounters an object on the ground quiet suddenly and unexpectedly, resulting in a fall to the ground. This is similar to slip and fall cases that produce nearly the same result and are considered ‘premises liability’ cases.
In fact property owners are generally accountable for the injuries that happen on their premises, particularly if the underlying danger is not so obvious to the one who was injured, although the owner was aware of it. Dangerous situations such as changes in flooring, narrow stairs, torn carpeting, cracked sidewalks, or any hidden hazards might cause a trip and fall accident.
Whom to Sue?
If you happen to be injured in a trip and fall accident, you can sue the owner of the property. To do this, it is necessary to indicate some kind of legal relationship with the property owner. In this way, you can establish that the property owner had the legal duty to warn or protect against potential dangers.
Determination of Liability
To make a claim for the injuries you have suffered from tripping on the property of another person, you have to prove any one of the factors given below:
- The property owner or his/her employee should have made the premises unsafe.
- The property owner or his/her employee was aware of the unsafe condition in the premises and did nothing to remedy the perilous situation.
- The property owner or his/her employee ought to have known about the hazardous state on the premises, as a “reasonable” individual who took good care of his/her property would have found out, and repaired or removed it.
A property owner is considered negligent if he/she has failed in maintaining the premises in a secure and safe condition. And as for the injured person, it is crucial to prove that he/she was careful in avoiding an injury.
Compensation for Trip and Falls
Personal injury laws of permit injury and accident victims receive damages from the responsible party for the injuries. Compensatory damages for trip and fall victims are…
- Medical bills for the treatment linked to your trip and fall accident for the past, present and/or future.
- Lost wages for being absent from work, that includes the time taken for visiting the doctor and physical therapy
- The expensed incurred for hiring someone for performing the household tasks that you cannot do due to your injury
- Emotional stress arising from your accident
- Permanent disfigurement and/or disability caused by your trip and fall accident
- The replacement or repair of property like eyeglasses or clothing that was destroyed or damaged in the accident
- Whatever other costs you had to bear due to your accident
The need for a Lawyer in Trip and Fall Case
In case you were injured as the result of a trip and fall, it is prudent to speak with a trip and fall attorney who can assess the potential strength of the case. Be sure to talk about your trip and fall incident with your lawyer before speaking to the owner of the property or his/her insurance company. This is because your attorney understands well the trip and fall liability, and can negotiate with the defendant and if necessary legally represent you in a court of law.
Our trip and fall lawyers at Rosenberg, Minc, Falkoff, & Wolff will be happy to help if you or your loved one has suffered trip and fall injuries. Just because of someone else’s negligence you don’t have to be at the receiving end and put a strain on your finances given the rising costs of healthcare. Call us at 212-344-1000 to schedule a free consultation now.
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