Property owners have a duty to maintain their property in a reasonably safe condition to prevent dangerous conditions from existing. This duty generally requires owners to repair those conditions that could lead to a passerby pedestrian to become injured.
There are many types of trip and fall and slip and fall personal injury cases that can occur. Each case is unique, and the circumstances will determine who is liable and what compensation may be available to the injured person.
The state of New York has very strict laws surrounding slip and fall or trip and fall accidents. For example, if the property owner is a municipality, you must file a Notice of Claim within 90 days of the incident. Although this 90 day requirement does not apply against a private property owner, there are other exceptions that must be considered and the failure to do so will result in the case being dismissed.
There are many types of slip and fall or trip and fall accidents in New York City, including:
- Wet or slippery floors, such as from spills, leaks, or recently mopped surfaces;
- Uneven or cracked surfaces, such as sidewalks, stairs, or flooring;
- Poor lighting, which can make it difficult to see obstacles or hazards;
- Debris or objects left on the ground, such as boxes, wires, or cords;
- Broken or missing handrails on stairs or other areas where support is necessary;
- Potholes or other defects in parking lots or walkways;
- Snow or ice on walkways or parking lots;
- Elevator or escalator accidents due to mechanical failure or maintenance issues;
- Inadequate warning signs or barriers around construction zones or other hazardous areas; and
- Defective or poorly maintained equipment, such as ladders, scaffolding, or chairs.
It is always advisable to consult with an attorney if you have been injured in a trip or slip and fall accident. Some general steps to consider are:
1. Seek medical attention: Health and safety should be the top priority. If you or a loved one are injured, seek medical treatment as soon as possible. This will ensure that any injuries are documented and treated promptly, which can be crucial both for the purpose of overall recovery and should you pursue a potential legal claim.
2. Document the incident: Record the details of the incident while they're still fresh in your mind. This may include taking photos of the accident scene, your injuries, and any property damage, as well as gathering contact information of any witnesses. Write down everything you can remember about the circumstances surrounding the accident, including the date, time, location, and any contributing factors.
3. Preserve evidence: Keep any evidence related to the incident, such as medical records, receipts for expenses incurred due to the injury, and any damaged property. This will be important when making a claim for damages.
4. Report the incident: Depending on the circumstances, you may need to report the incident to appropriate authorities (e.g., the police, a property owner, your employer). Make sure to obtain a copy of any reports filed.
5. Consult with an attorney: Speak with a personal injury attorney who has experience handling cases that involve serious and catastrophic injuries. They can help you understand your legal rights and options, as well as guide you through the process of pursuing a claim. Many injury attorneys offer a free initial consultation, as we do, and will work on a contingency fee basis, meaning you won't have to pay any fees unless they successfully recover compensation on your behalf.
6. Follow your medical treatment plan: It's important to follow your doctor's recommendations for treatment and attend any follow-up appointments. This will not only help with your recovery but also demonstrate the seriousness of your injuries and your commitment to getting better.
7. Limit communication with potentially responsible parties: Avoid discussing the details of the accident or your injuries with the person or entity you believe to be responsible for your injuries, their insurance company, or their attorney. Any statements you make could potentially be used against you. Direct any communication to your attorney, who can handle these conversations on your behalf.
8. Be cautious with social media: Avoid posting about the accident or your injuries on social media, as these posts can potentially be used against you in your claim.
Remember that this is general guidance, and the specific steps you should take will depend on your individual circumstances. Always consult with a legal professional for advice tailored to your situation.
