Trip and fall accidents can result in serious injuries and long-term consequences. People often confuse a slip-and-fall accident with a trip and fall accident which is different. A slip injury is usually the result of a wet or slippery surface, whereas a trip injury is when a person’s foot strikes an object that causes the individual to lose their balance and results in a fall.
Below are some common causes of trip and fall injuries:
- Environmental factors such as:
- Stairways with poor lighting
- Dark hallways
- Dim lobbys
- Obstructed views
- Lose handrails
- Wrinkled or crumpled carpeting
- Broken tiles or cracked flooring
- Cluttered pathways in commercial office buildings, retail stores, shopping malls, restaurants, warehouses, or residential homes
- Obstacles protruding into a pathway
- Rutted steps
- Uneven walking surfaces such as public sidewalks
- Potholes on the street
- Tree roots sticking up from the ground
- Uncovered cabling
In order to file a premises liability lawsuit for a trip and fall injury, the injured person or victim must have a cognizable claim, which means the injury needs to meets the criteria for legal acceptance. A trip and fall that results in inconvenience, temporal discomfort, or short-term pain/suffering that heals quickly or does not require medical treatment may not be considered as a cognizable claim to recover compensatory damages.
Secondly, the victim needs to have some type of relationship with the individual responsible for the property, who has the legal duty of warning or protecting the public or individual regarding possible dangers that exist on their property. If you suffer a trip and fall injury, it’s very important that you immediately notify the property owner or property manager of your accident. If the trip and fall occurred in a restaurant or office building, you will need to contact the restaurant manager or commercial property agent. If you are injured and have questions regarding a trip and fall injury or a premises liability incident, consult the top trip and fall injury lawyers in New York City that will take the time to answer all of your questions and provide aggressive representation for your particular case.
Third, a victim may trip and fall in a private residence or office where the person was allowed on the premises. Homeowners and employers are responsible for inspecting their environments to help prevent potential trip and fall accidents.
Fourth, the trip and fall danger needs to be unforeseen or hazardous enough that a rational individual who knows to watch out for dangers would have been watchful or alert to help avoid an incident.
The information listed below is very helpful in assessing a trip and fall injury case:
- Pictures of the trip and fall injury scene
- Date and time of the trip and fall
- Location of injury (address)
- Names and phone numbers of any witnesses
- Document of the accident:
- What caused the injury?
- How did the injury occur?
- What were you doing before the trip and fall accident?
A thorough case assessment will be conducted by a trip and fall attorney who will:
- Investigate the scene of the trip and fall accident
- Interview witnesses
- Gather evidence
- Review medical records
- Assess present or past violations by the property owner/manager
- Provide a comprehensive assessment on the value of your case
- Explain potential pitfalls or projected compensation for your type of injury if a case settles or goes to trial.
If you have suffered a trip and fall injury due to someone’s negligence or have questions regarding a cognizable claim, contact the experienced premises liability lawyers in the Bronx at the Law Offices of Jay S. Knispel at (212) 564-2800. NEVER A FEE UNLESS WE WIN YOUR CASE.