What Are Slip and Fall Accidents?
While there’s no excuse for clumsiness, sometimes you may face an injury that is not your fault. Property owners have a responsibility to keep their property safe and hazard-free. Suppose you experience an accident due to negligent defective conditions or improper property maintenance. In that case, the property owner may be required to compensate you for your medical bills and personal injury.
However, to receive compensation, you must navigate the confusing legal world of personal injury and tort law. This environment can be an awkward world to enter. To start, you will need to understand what a slip &/or trip and fall accident is, what you should do if you get injured and how to proceed after an accident.
The Difference Between Slip and Fall and Trip and Fall
It’s common to use phrases such as “slip and fall” and “trip and fall” interchangeably. However, they refer to two different types of accidents. As with all legal matters, it’s always best to be as clear and precise as possible, so it’s crucial to differentiate between these phrases.
The typical definition of a slip and fall is an accident in which a person slips and falls due to a slippery condition and is injured while on somebody else’s property. For example, a person slipping on a walkway that hasn’t been de-iced counts as a slip-and-fall accident, as does slipping on an unmarked slippery floor in an office. Slippery conditions can also be caused by water, spilled liquids, garbage, snow, ice, and even recently mopped floors.
Trip and fall accidents, on the other hand, are accidents in which a person trips over an object or uneven surface. Examples of this include uneven carpets, raised cracks in sidewalks, and even cables left lying in a corridor. Tripping accidents can also be caused by broken or depressed sidewalks, broken steps, cracked floors as well as items haphazardly left in a store aisle. There is also a third category, slip, and fall. In this case, the fall is caused by an unexpected dip or hole in a path, such as a missing stair on a stairway or a pothole in the road.
One of the primary responsibilities of a property owner or store owner is to ensure that the property is well-maintained and safe without dangerous, defective conditions and to repair and maintain its property correctly. If the accident is due to negligence on the part of the property owner, the victim may seek compensation for medical bills and personal injury.
Common Causes of Falls
- Uneven flooring
- Unmarked moisture on the floor
- Uneven stairs
- Exposed electrical wiring
- Obstructions in commonly used paths
- Inadequate or non-existent warning signs
- Spilled food or drink in commonly used paths
You may expect that a fall will usually result in a minor injury, such as bruising and embarrassment, but unexpected falls can be surprisingly dire. Since the body has so little time to prepare itself, it will fall in unexpected ways, which can result in severe consequences.
The most common injuries from falls include:
- Cuts, scrapes, and bruises
- Fractures, including ankle, wrist, and hip fractures
- Back and spine injuries
- Neck injuries
In an accident, it’s always essential to determine who was responsible. While it is your responsibility to watch where you’re going and not be clumsy, it’s the responsibility of property owners to keep their property safe and free of hazards. The best way to determine liability is to hire a reputable Bronx New York slip, trip, and fall lawyer. A good lawyer will have experience with a wide variety of cases and know what procedures to follow in the event of an accident.
Suppose you or a loved one was recently injured because of an accident on the job or in a public place near the Bronx. In that case, an experienced legal team can be a valuable asset, helping you effectively navigate the legal waters involved with any claims or lawsuits you may be contemplating. The law offices of Stuart M. Kerner, P.C. may be able to help you reach a settlement to cover your medical expenses and any rehabilitation costs, lost wages or future earning ability, and even compensation for pain and suffering or emotional damages. Call us today to evaluate your case and help you move forward with your life at (718) 796-7900 to schedule a FREE Consultation online so we can consider your injury case.
Frequently Asked Questions About Slip, Trip, and Fall Accidents in New York City
If you happen to become injured as a result of fall on a sidewalk, street, school or other city property owned or maintained by a municipality, keep reading as Bronx slip and fall lawyer Stuart M. Kerner answers commonly asked questions about slip, trip and fall accidents in New York City.
Let’s begin with some special guidelines you need to be aware of…
1. Written notice of the claim within ninety (90) days after the accident against a municipality is generally required.
2. The notice of claim requires date and time of the accident, how the injury was sustained.
3. Exact location and extended injuries sustained.
4. Because often the condition that caused the accident is changed or fixed after the accident, gathering photos as evidence of the conditions at the time the injury was sustained is necessary when pursuing a claim.
Frequently Asked Questions About Slip, Trip and Fall Accidents:
1) Where do trip/slip and falls accidents generally occur?
In short, Slip, Trip and Fall accidents can happen anywhere and usually due to unsafe conditions such as:
- Cracked, broken or uneven sidewalks
- Cracked, broken or uneven tiles in a building or store
- Carpets or mats not properly secured to the ground
- Slippery floors because of water spills or other liquids of a result of with leaky pipes, ceilings or radiators
- Tripping hazards such as misplaced merchandise on the floor or shelves that are sticking out
- Bad, missing or broken light fixtures in a stairway or hallway making it hard to see
- Failure to display warning signs or potentials dangers or hazardous conditions
2) What do you need to prove legally to win a trip/slip and fall action?
To prove a Slip, Trip & Fall case, an injured party must show that the building owner or its agents were negligent and that this negligence was a substantial factor in causing that person’s injuries. For instance, people often tell us that they slipped on a wet condition in a building. In a case such as this, the law requires that we prove the dangerous condition existed long enough for a store owner, building super or management to know of it and did nothing to correct the problem.
3) Will the building’s insurance company cover my medical bills?
A building or store may cover your medical expenses. However, in most cases, the insurance company will require that you forfeit your right to a personal injury lawsuit in exchange.
4) What should I do if I tripped because of something broken or slipped on a wet surface?
Request to speak with the store manager and have them complete an accident/incident report. Make sure you ask for a copy of the information. Remember to take photographs of the accident scene.
Suppose you are injured in an accident and need a Bronx personal injury attorney. In that case, the Law Offices of Stuart M. Kerner, P.C., located in the Riverdale section of the Bronx, will investigate, prosecute and negotiate with the insurance company of the negligent party to settle your claim and obtain compensation for you based upon the severity of your injury and your pain and suffering. If you would like a legal opinion on the potential value of your personal injury matter or have a question about your rights, contact one of our car accident injury lawyers at (718) 796-7900 to schedule a FREE Consultation online so we can evaluate your personal injury case.
About The Law Offices of Stuart M. Kerner
If you’ve been injured and want the best possible outcome, the Law Offices of Stuart Kerner P.C. in The Bronx can help you. Our firm has obtained favorable results for injury victims and their families throughout New York in personal injury cases such as auto accidents, oilfield accidents, traumatic brain injuries, and serious personal injuries.
Our law firm offers a free consultation to discuss your accident and review the legal remedies available to you. We’re available 24/7 to answer any questions you may have about your case. Above all, you shouldn’t feel alone and isolated after an accident. If you’ve been hurt in an accident, we’ll come to you. Our attorney can travel to your home or hospital at your request.