Brooklyn Trip and Fall
A trip and fall case arises when someone is injured after tripping and falling due to another person's negligence. Tripping hazards include debris on a floor, an uneven floor surface, or a damaged floor. Each of these dangerous conditions present hazards that may result in some tripping, falling and sustaining a serious injury. While simply falling down may seem like a minor accident that happens frequently, trip and fall injuries can be quite serious, including a back injury, head injury, neck injury, slip and fall accident, spinal cord injury, broken bones, as well as other types of serious injuries. Sadly, some trip and fall accidents result in death. Property owners have a duty to make sure their premises are free of dangerous conditions. Failure to do so may result in legal liability to anyone who is injured as a result of the dangerous condition. In order to prevail in a trip and fall case, courts require that the injured victim show that the property owner had a legal duty to maintain the property so that no one is harmed, that the property owner had notice of the dangerous condition, and that the plaintiff was harmed as a result of the dangerous condition. If you are in need of a personal injury lawyer because you were injured as a result of a trip and fall accident, you may be entitled to compensation. Contact an experienced Brooklyn personal injury lawyer who will review the facts of your case and explain to you your legal options. You should do so quickly, as there are time limits that you must follow when you file a personal injury claim.Trip and fall liability
A trip and fall accident can arise in many different scenarios. A stair in disrepair, a loose hand railing, or unexpected pot hole could cause a trip and fall accident. Owners of banks, airports, restaurants or private homes all have the duty to ensure the safety of their guests. The level of responsibility each has depends on how the person entering the premises is classified. The three classifications are invitee, licensee or trespasser. An invitee is a person that enters a property because of an invitation by the property owner. A licensee enters a property with permission, but for their own benefit or purpose. A trespasser enters a property without permission.
The classification of the person will determine the level of responsibility the landlord will have. A landlord has the duty to use reasonable care to make a property safe, and warn an invitee of any dangerous conditions, for instance. If the location is a place of business, the landlord also has the obligation to inspect for any dangerous condition. Responsibilities vary with each classification, but with every classification the landlord had an obligation to ensure the safety of anyone who comes onto the property.
If you have been injured in a slip and fall accident, it is important to speak to our legal team for guidance. In order to have a valid personal injury claim, the following questions will need to be addressed:
- Did the property owner know about the hazard that caused your accident and did they take action to remedy it;
- Did the property owner have a part in creating the hazardous condition;
- Should the property owner known about the dangerous condition.
For example, if a customer in a grocery store drops a bottle salad dressing and it breaks. The store has a duty to clean up the spill. If a customer slips and falls on the spill 5 minutes after the bottle breaks, the store is less likely to be held liable than if the spill was there for an hour.Pursuing a claim
A trip and fall accident can result in serious injuries that require extended treatment. Through a personal injury lawsuit you can recover damages that will help relieve the financial burden. Such damages include: medical bills, lost income and loss of future earning capacity and pain and suffering. If a trip and fall accident results in the death of your loved one, you may be able to pursue a wrongful death claim.Contact the Law Offices of Stephen Bilkis & Associates
If you or a loved one has been injured in a trip and fall accident, you should quickly seek representation from a personal injury attorney with both the knowledge and resources to ensure the best possible result for your premises liability case. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in handling personal injury and wrongful death cases stemming from trip and fall accidents. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.