A trip and fall is a common accident that can happen anywhere and anytime. It is considered the second leading cause of unintentional injuries. Older adults are often the most affected by these types of accidents. However, anyone can be a victim of a neglected action leading to a slip, trip, and fall accident.
Please keep reading to learn the causes, consequences, the difference between a slip and a trip, and what the law in New York City states about it.
To be prepared if you get involved in a similar scenario, seek guidance and help from a trip and fall injury lawyer.
NYC Trip and Fall Accident Statistics
In general numbers, it is known by the Centers for Disease Control and Prevention (CDC) that over a million Americans suffer either a slip and fall or a trip and fall accident. Around 1.7% die in the U.S. annually from injuries related to those accidents.
To understand correctly, we need to know two categories of falling accidents. They are elevated falls and same-level falls. Of course, same-level falls are the most common and cause more injuries to people.
On the other hand, even though they are not as common as same-level falls, elevated falls generate more severe injuries. Studies have shown that 60 percent of all serious fall accidents are 10 feet tall or less.
New York City Premises Liability Laws
Premises liability laws are crucial in determining responsibility and potential compensation for injured individuals in trip-and-fall accidents in New York City.
These laws establish the legal obligations of property owners or occupiers to ensure their premises are safe for visitors. Understanding the specific premises liability laws in New York can significantly impact a trip and fall accident case.
Duty of Care
New York follows a comparative negligence rule, meaning liability can be shared among parties based on their degree of fault. Property owners have a duty of care to maintain their premises reasonably safe. They must promptly address hazards or dangerous situations that could cause trip and fall accidents.
However, visitors are also responsible for exercising reasonable care for their safety. If a court finds that the injured individual's actions contributed to the accident, their compensation may be reduced in proportion to their degree of fault.
Notice of Hazard
To hold a property owner liable for a trip and fall accident, it must be established that the owner knew or should have known about the hazardous condition that caused the accident. This concept is known as "notice."
If the owner was aware of the hazard and failed to address it reasonably, they may be held accountable for the injuries sustained in the accident. Similarly, if the danger existed for a sufficient period that the owner should have discovered and corrected it, they may still be deemed negligent.
Public vs. Private property
Premises liability laws can differ between public and private property. Public entities, such as government buildings or parks, may have certain immunities or specific notice requirements that impact liability. On the other hand, private property owners may have a higher duty of care to invitees (visitors) and owe a lesser commitment to trespassers.
Choosing a Trip and Fall Accident Lawyer in NYC
If you've experienced a trip and fall accident in New York City, seeking legal representation is crucial to protect your rights and pursue fair compensation for your injuries.
However, with numerous trip and fall injury lawyers, finding the right attorney for your case can be overwhelming. To make an informed decision, consider the following essential qualities, experience, and credentials when selecting a trip and fall accident lawyer in NYC.
- Expertise in Personal Injury Law
- Experience with NYC Premises Liability Cases
- Strong Negotiation and Litigation Skills
- Client Reviews and Testimonials
- No-Fee Guarantee or Contingency Fee
Common Causes of Trip and Fall Accidents in NYC
Trip and fall accidents can occur in different scenarios throughout New York City, and they often result from certain common factors that property owners must address to ensure safe premises.
Understanding these typical causes can help individuals take precautionary measures and emphasize the importance of property owners in maintaining a hazard-free environment for the public.
Here is a list of a few common causes of trip and fall accidents:
- Uneven Sidewalks and Pavements: Uneven or damaged sidewalks and pavements are prevalent in the city due to weather conditions, tree roots, and wear and tear. These rough surfaces pose significant trip hazards, especially for pedestrians who may be distracted or unfamiliar with the area. Property owners, including homeowners and businesses, are responsible for the sidewalks abutting their premises and must regularly inspect and repair them to prevent accidents.
- Debris and Obstacles: Construction sites, businesses, and even public areas can accumulate debris and objects that create trip hazards. Everyday items like cables, equipment, merchandise displays, or unattended trash can lead to severe injuries if someone trips and falls. Property owners must promptly remove obstacles, maintain a clutter-free environment, and place warning signs when necessary to alert visitors of potential hazards.
- Poorly Maintained Properties: Negligence in property maintenance can also contribute to trip-and-fall accidents. Hazards such as broken handrails, loose floor tiles, torn carpets, and inadequate lighting can significantly increase the risk of accidents. Property owners are legally obligated to inspect and maintain their premises regularly to ensure they are safe for visitors.
- Inadequate Warning Signs: Property owners may be aware of hazards but fail to provide adequate warning signs to alert visitors. For instance, wet floors, construction zones, or temporary obstructions should be marked to prevent accidental falls. Proper signage is crucial in reducing the risk of trip and fall accidents and demonstrating the property owner's commitment to safety.
Emergency Steps After a Trip and Fall Accident in NYC
Experiencing a trip-and-fall accident in New York City can be shocking and distressing. It is vital to take immediate action to protect your well-being and preserve evidence for any potential legal claims.
If you find yourself in such a situation, follow this detailed checklist of emergency steps to ensure your safety and enhance your chances of seeking compensation with the help of a New York trip and fall lawyer.
Your health is the top priority. Even if your injuries seem minor, seeking medical attention promptly is essential. Some injuries may not be immediately apparent, and a medical evaluation can document your condition, providing vital evidence linking your injuries to the accident.
This documentation will be valuable in any future legal claims. Additionally, by seeking medical attention immediately, you demonstrate to insurance companies or potential defendants that your injuries were severe and required immediate attention.
If possible, document the accident scene. Take photographs of the hazardous conditions that caused your trip and fall, such as uneven sidewalks, debris, or poorly maintained areas.
Photograph any visible injuries as well. Gathering visual evidence can strengthen your case and support your claim that the property owner was negligent in maintaining safe premises.
If there were any witnesses to the accident, try to obtain their names and contact information. Witness testimonies can be crucial in establishing the circumstances of the incident and proving liability. Your New York trip and fall lawyer may need to contact these witnesses later to gather statements or use them as potential sources of information during the claims process.
Remember, you can always call a trip and fall accident lawyer right after you have had the accident so you can receive live instructions if you don't know how to address the situation.
Then, it would be best to inform the property owner or the responsible party about the trip and fall accident. Ask them to document the incident in writing and request a copy for your records. Additionally, if the accident occurred in a commercial establishment, such as a store or restaurant, ask the manager to file an incident report. This reporting is essential as it creates an official record of the accident, which can be valuable evidence during the legal process.
By following these emergency steps, you can protect your health, gather crucial evidence, and set the foundation for a potential legal claim with the assistance of a New York trip and fall lawyer.
NYC Trip and Fall Accident Compensation
Victims of a trip and fall accident in New York City may be entitled to compensation for the damages and losses they may have suffered due to the incident.
The compensation available to trip and fall accident victims can vary depending on the severity of injuries and the impact on their lives. Generally, two main types of compensation are available: economic and non-economic damages.
Economic Damages: Economic damages aim to reimburse victims for the tangible and measurable financial losses they have experienced due to the accident.
These damages typically include medical expenses, such as hospital bills, surgeries, medications, and rehabilitation costs. If the injuries resulted in the need for ongoing medical treatment or care, the compensation may also cover future medical expenses.
Additionally, economic damages can include lost wages or income if the victim cannot work due to their injuries. This compensation accounts for the income they would have earned had the accident not occurred. Calculating economic damages requires gathering documentation and evidence to support the financial losses incurred.
Non-Economic Damages: They are meant to compensate victims for the intangible and subjective losses that resulted from the trip and fall accident. These damages are less concrete and can include pain and suffering, emotional distress, loss of enjoyment of life, and mental anguish.
Non-economic damages may be more substantial in severe and life-altering injuries, such as permanent disability or disfigurement. Determining non-economic damages can be challenging as they are not easily quantifiable.
When assessing non-economic compensation, courts may consider the severity of the injuries, their impact on the victim's daily life, and the length of the recovery process.
Filing a Trip and Fall Accident Lawsuit in NYC
Filing a lawsuit is not an easy task; it involves a lot of work, and the help of a professional trip and fall accident lawyer will always be the wisest move. If you are a victim of a trip and fall accident and you suspect there is a negligent party who must pay for your damages, you need the consultation of an expert.
Consult with an Attorney: The first step is to consult with an experienced trip and fall lawyer in NYC. They will evaluate the details of your case, assess the strength of your claim, and advise you on the best course of action. An attorney will explain your rights and guide you through the legal process, ensuring you meet all the necessary deadlines and requirements.
Statute of Limitations: In New York, a statute of limitations sets a time limit for filing a trip and fall accident lawsuit. Generally, the statute of limitations for personal injury cases, including trip and fall accidents, is three years from the date of the incident. Failing to file a lawsuit within this timeframe may result in losing your right to seek compensation.
If the accident was in a public place and you attempt to file a lawsuit against a government entity, you may need to do it quickly because you may have less time than the regular three years.
Investigation and Gathering Evidence: Your attorney will conduct thorough research to gather evidence supporting your claim. This may involve obtaining incident reports, surveillance footage, witness testimonies, accident scene photographs, and relevant medical records.
The evidence collected will be crucial in establishing liability and proving the extent of your injuries.
Filing the Lawsuit: Once the necessary evidence is gathered, your attorney will prepare the complaint, the formal document initiating the lawsuit. The complaint will detail the facts of the accident, the injuries sustained, and the legal basis for holding the defendant responsible.
The lawsuit will be filed in the appropriate court, and the defendant will be served with a copy of the complaint, informing them of the legal action against them.
Discovery and Negotiation: After the lawsuit is filed, both parties will engage in a phase called "discovery." During this process, both sides exchange information and evidence. Depositions may be taken, where witnesses provide sworn testimony and relevant documents are shared.
Often, this phase leads to settlement negotiations, where your attorney will work to secure a fair settlement on your behalf. The case will proceed to trial if a settlement cannot be reached.
Contact a NYC Trip and Fall Lawyer
The Ward Law Group has over 12 years of providing high-level representation to injured victims. With a successful path behind The Ward Law Group, our team of trip and fall lawyers is perfect for you in those moments of need.
Contact us for a FREE consultation, and one of our lawyers will answer any questions. Call now at 855-DOLOR-55