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:
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…
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 212 697 9280 to schedule a free consultation now.
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