SLIP, TRIP AND FALL ACCIDENTS
Slip, Trip & Fall Attorney Serving the Bronx, NY
Many types of injuries can be sustained in a slip/trip and fall accident. These range from minor bruises and lacerations to broken bones, traumatic brain injuries, and even death. If you have been injured in a slip/trip and fall, you may be entitled to compensation for many different types of damages, including medical costs, pain and suffering, lost wages and emotional distress.
About Slip, Trip, and Fall Claims in the Bronx
Slip/trip and falls can occur on all different types of property, including privately or publicly owned property, commercial or residential property, municipally owned property, sidewalks, and streets. The laws and statutes governing these cases depend in part on the type of premises where an accident occurs.
For instance, if a person is a tenant under a Lease Agreement, the accident victim’s rights will be ruled by the Agreement (as well as generally applicable laws governing residences). On the other hand, an accident that occurs on an NY City public sidewalk involving defects (including debris, cracks, and disrepairs) is governed by specific New York City law. However, accidents resulting from snow and ice fall under different laws. Finally, an accident that is due to defects to a sidewalk because of trees, tree wells and roots, a city agency is responsible and a timely filing (90 days) of a Notice of Claim.
There are many other factors that affect a slip/trip and fall claim. In addition to the type of premises or location of an accident, the victim’s legal status is also important. Every person has a legal status when they enter real property (including sidewalks and exteriors of premises). An invited visitor, for example, will have different rights than a trespasser.
When can I File a Slip, Trip, and Fall Claim?
In any event, slip/trip and fall cases are usually hard to prove. Establishing a claim for compensation requires proving a “Notice” requirement against those who might be responsible for the accident.
Generally, a property owner is responsible for the injuries of another in three situations:
The property owner caused the dangerous condition
The property owner knew of the dangerous condition but failed to remedy it
The property owner should have known of the dangerous condition (a reasonable person would have known of the dangerous condition).
One common accident involves a supermarket customer falling on a wet floor. In these cases, a valid claims depends on a number of factors: there must be evidence that the wet floor was caused by a leak on the premises, the defendant was actually aware of the area (for instance, evidence of a prior complaint), and the defendant had “constructive notice (like knowing the floor was wet for 30 minutes or more.
Slip, Trip, and Fall Lawyer Serving Bronx, NY
With these complexities in mind, it is easy to see why it is in your best interest to contact a knowledgeable attorney regarding your claim. If you have been injured as a result of a fall on another person’s property, you may be entitled to compensation. The Law Office of Ryan S. Goldstein is ready to represent you in your slip/trip and fall matter.