If you have been injured in a slip-and-fall or trip and fall accident, especially on a 
sidewalk or someone else’s property, you may be able to seek compensation for the injuries, damages and losses you have suffered. Such accidents have the potential to result in major injuries such as head trauma, spinal cord damage, broken bones, internal organ damage and other disabling and debilitating injuries. As with all personal injury cases, a plaintiff (victim) in a slip-and-fall or trip-and-fall lawsuit may have to prove negligence (carelessness) on the part of the city or property owner and/or manager. This will be crucial in order to secure maximum compensation for your losses.
Liability of Property Owners or Managers
Property owners and managers have a duty of care or an obligation to make sure that their premises are safe for visitors, guests and others who are legally on the property. Slip-and-fall accidents may occur when there is a liquid spill on the floor or on a stairway or when ice or snow accumulates on a surface. A trip-and-fall accident may occur when there is debris in a walkway or stairway or because of a broken stair or worn-out carpeting. Property owners and managers have a responsibility to take reasonable steps and ensure that their property is free of such hazards that could lead to a slipping or tripping accident.
In order to prove that a property owner or manager was negligent (careless), you may have to show that one of these scenarios occurred:
• The property owner, manager or an employee of an entity knew about the dangerous condition, but did nothing to fix the problem.
• The property owner, manager or an employee knew or should have known about the dangerous condition because a reasonable person would have repaired or removed the hazard or at the very least, warned visitors, tenants or guests about the presence of the hazard. The key question here is whether a reasonable person would have discovered the dangerous condition and whether the property owner or manager had enough time to fix the problem before the slip-and-fall or trip-and-fall occurred.
• The property owner or manager caused the dangerous condition.
Showing That the Property Owner or Manager Acted Unreasonably
Here are some questions to ask to determine whether the property owner or manager acted unreasonably:
• For how long did the problem exist? The longer a defect or danger on the property existed, the more likely it is that you would be able to show that the owner’s actions amounted to negligence (carelessness). For example, if a spill was left on a floor unattended for several hours, the owner is more likely to be held responsible for a fall.
• What type of maintenance is done on the property? It is also important to look into how often someone cleans, inspects and maintains the property. Does the owner have maintenance records to back up his claim?
• Were objects left carelessly in areas with pedestrian traffic? If you tripped on an object on a walkway or stairway, it is important to look into why that object or debris was at the location. Was it carelessly left there?
• Should a warning have been posted? If a hazard sign or notice was not posted, you can show that the owner is responsible for your injuries because he or she failed to take steps that a reasonable person would have taken. Such signage includes orange cones around a spill or tie caution tape to alert passers by about a broken stair or missing railing, etc.
• Was there poor lighting? When there is poor or inadequate lighting, it makes it difficult of people walking by to see potential hazards. This may be additional evidence to show that the property owner or manager were negligent (careless) in causing your slip-and-fall or trip-and-fall accident.
Contacting an Experienced Lawyer
If you were involved in a slip-and-fall or a trip-and-fall accident as a result of someone else’s negligence (carelessness), please remember that you have rights. Some of the damages that victims of such accidents can claim include, but are not limited to, medical expenses, loss of wages and benefits, cost of hospitalization, surgery, physical therapy, past and future pain and suffering, permanent injury, etc.
The experienced New York personal injury attorneys with 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. For over 49 years, our skilled attorneys have established a proven track record of helping injured victims.
Our law firm recovered $1,700,000 for a woman who slipped and fell and received no hospital or medical treatment for one month after the accident. Our law firm also recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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
Please visit us at: www.WORK4YOULAW.com