Slip-and-fall or trip-and-fall accidents on stairways can lead to disabling or even fatal injuries. Unfortunately, stairway accidents are fairly common and tend to occur at homes, schools, on public and private properties, workplaces, etc. When you fall down a stairway, depending on the nature and circumstances of the incident, you may be able to seek compensation for the injuries, damages and losses you have sustained. An experienced New York stairway accident lawyer will be able to help you better understand your legal rights and options.
Here are four important things you should know about filing a stairway accident claim in New York City.
1. You must prove negligence in order to receive compensation from the at-fault party.
In order to hold a party (or parties) liable for a stairway accident, as the plaintiff (the injured victim), you may have to prove the following:
• The property owner, property manager or an employee caused the dangerous condition on the stairway to exist, which in turn resulted in your fall and injuries.
• The property owner, manager or employee knew about the dangerous condition on the stairway, but did not take the necessary steps to rectify it in a timely manner.
• They should have known about the dangerous condition because a “reasonable” individual taking care of the property would have fixed the problem in a timely fashion.
2. You must collect as much evidence as possible from the accident scene.
When you are injured in a stairway accident you may be thinking about leaving at once and having your injuries looked after. If you have been injured, of course, you should get prompt medical attention and treatment. At the same time, it is important to get as much information and evidence as possible from the scene. Photograph the dangerous stairway condition – whether it is a broken stair or a hole in the carpet that tripped you and caused your fall.
If you don’t get it right then and there, the problem may be fixed and you may not have the best evidence to show that the defective condition existed. File a written complaint about the incident with the property owner or manager with details including the date, time and what occurred. Obtain a copy of this report for your records. Immediately contact an experienced New York City personal injury lawyer to further discuss your options. Your personal injury lawyer can also help gather this evidence.
3. Stay away from social media.
Do not post anything about your stairway accident anywhere online, including social media sites. This includes written posts, photos or videos. Anything you post online is likely to be found and used against you to minimize your injury claim. If you have filed a personal injury claim, stay away from social media and from posting anything online.
4. There are many reasons why stairway accidents occur.
Some of the most common types of stairway accidents we see are due to a surface defect. This may include uneven or damaged carpeting, a loose tile or debris on the staircase that causes you to lose your footing and fall. A number of stairway accidents also occur due to handrail defects. Many stairways don’t have a handrail as required. Sometimes, the handrail is not properly attached to the wall or it comes loose.
Such conditions may also cause an individual to lose his or her balance and fall. The third most common factor in stairway accidents is what is known as “riser height differences.” When the height of the riser differs from level to level, those walking might be prone to misjudging the height of the stairs. This may cause them to trip and fall. All of these causes are related to design or maintenance issues, which are preventable. New York City’s Building Code details the requirements for stairway design and construction.
Contacting an Experienced Lawyer
Injured victims of these types of accidents may be able to file a premises liability lawsuit against the negligent property owners and managing agents etc. and seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc.
If you or a loved one has suffered injuries as a result of negligence on the part of property owners and/or property managers etc., the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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