Manhattan Trip and Fall
On September 18, 2002, Thomas Pyle was working at construction site when he tripped and fell on debris. As a result of the fall, Pyle seriously injured his hand and was treated at a hospital. Kutza v. Bovis Lend Lease LMB, Inc., 2011 NY Slip Op 32985 (N.Y. Sup. Ct., 2011). Thomas Pyle was just one of thousands of people who are injured each hear from tripping and falling because the owner of manager of property fails to make sure that such property is free from hazards. Whether the owner of the property is an individual, business, or government entity, each property owner is legally responsible to ensure the safety or their premises. Any danger such as a lack of repair, inadequate maintenance, inadequate flooring or even potholes can lead to someone tripping and falling. Such a trip and fall accident or slip and fall accident could lead to a serious injury such as a back injury, broken bone, or traumatic brain injury. Under the theory of premises liability the victim of a trip and fall accident is entitled to compensation when the accident could have been avoided if the property was adequately maintained. If you or a loved one was seriously injured after tripping and falling on another person's property, it is important that you speak with an experienced Manhattan Trip and Fall Lawyer who will review your case and help you receive damages that will compensate you for your medical expenses and other losses you suffered as a result of the accident.Trip and fall liability
It is important to understand that simply because you fell on someone else's property, the property owner is not necessarily liable. In order for the owner to be liable certain conditions must exist.
- The owner of the premises or an employee must have caused the dangerous condition such as the spill, slippery surface, debris, or worn spot.
- The owner or an employee must have known about the hazard, but failed to do anything about it.
- The owner of the premises or an employee should have known of the dangerous condition.
Whether a person "should have known" about a dangerous condition is based on whether or not a "reasonable" person would have discovered the condition. For example, if there was a spill in the aisle of a department store that remained there for over an hour, a court may conclude that since the spill was there so long it is reasonable that an employee of the store should have discovered it and cleaned it. On the other hand if the spill was there for just 5 minutes when a customer tripped and fell on it, then the store may escape liability.
Negligent maintenance of the property in all forms can result in a trip and fall accident. Missing steps in a staircase, missing rails in a railing or a slippery floor mat, all are probable reasons for a trip and fall accident. The property might be anything from a bank to a restaurant to a private residence, but the owner is always legally bound to ensure that the property does not pose a threat to anyone.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.
In the case of Kutza v. Bovis Lend Lease LMB, Inc., Thomas Pyle's personal representative filed the lawsuit against the owner of the construction site and the construction manager, arguing that they were negligent because they failed to keep the site floors free from debris. Pyle's personal representative filed the lawsuit because passed away from a cause not related to the construction site accident. Thomas Pyle's estate received a substantial award that included compensation for pain and suffering.Manhattan Trip and Fall Lawyer
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 Stephen Bilkis and 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 serve those injured in accidents in the following locations: