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New York Trip and Fall FAQs

Posted in Premises Liability,Slip and Fall Accidents on August 7, 2012

Trip and fall accidents are one of the most common types of accidents in the US. Trip and fall accidents in New York can occur anywhere and anytime and often times can result in a serious personal injury. Construction sites and the workplace, are places where slipping, tripping and falling are frequent causes of personal injuries. Below is a short list of the most frequently asked questions about trip and fall accidents.

Q: I tripped and fell over my neighbor’s uneven sidewalk. My back was injured during the fall and I am unable to return to work. I informed my neighbor of the accident, but she believes that I am at fault because I was inattentive and not looking where I was going. Who is at fault?

A: It is the property owner’s responsibility to maintain their property so that it is safe for visitors. However, it is the responsibility of the injured person to provide proof that they were acting cautiously at the time of the accident. If the property owner can provide proof that you were being careless at the time of the accident, you may have difficulty filing a claim.

For a full evaluation of your trip and fall case you will need to contact an experienced personal injury attorney in New York that will evaluate your injuries and the property owner’s responsibilities.

Q: What should I do if I suffer a trip and fall injury while on someone else’s property?

A: If you are injured on another person’s property there are a few things you need to do in order to file a claim:

  1. Take note of the conditions of the property where the incident occurred
  2. Take photos or video tape the scene of your accident with your smartphone or camera if you have one on hand
  3. If there are witnesses present, ask for their contact information to obtain statements at a later date

If you were injured in a business you need to file an accident report and be sure to obtain a copy signed by the supervisor on duty. Keep records of any medical treatments you undergo and all medical expenses that you incur due to a trip and fall injury. Follow the three steps listed above and contact a knowledgeable trip and fall lawyer in NYC who will review your case and provide legal advice on how to best file for compensation for your injury.

Q: As a NYC homeowner, what are my responsibilities for the maintenance of my property so that I am not liable for any trip and fall accident?

A: As a property owner it is your responsibility to make sure that all visitors you allow onto your property are free from any hazards that may cause physical harm. If there are unsafe or hazardous conditions on your property, you will need to post appropriate warning signs and fix the unsafe or hazardous conditions as soon as possible. Undergoing regular property maintenance is the best way to insure that your visitors are safe and you are not liable for any accidents that occur on your property. For questions regarding a premises liability case or a trip and fall injury in New York, contact the Brooklyn personal injury attorneys at the Law Offices of Jay S. Knispel.

Take a few minutes to view this short training video on Slip, Trips and Falls For Construction Workers. It can help prevent a serious personal injury or prevent a fatality:

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