Nassau County Trip and Fall
A trip and fall accident is one of the most common types of accidents. Each year thousands of victims suffer serious injuries from tripping and falling. In fact, each year there are many cases in New York where a victim passes away after falling. 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 are in need of a personal injury lawyer because 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 Nassau County personal injury 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
The statistics regarding trip and fall and slip and fall accidents are startling. According to the Centers for Disease Control:
- One out of three adults age 65 and older falls each year
- Each year approximately 2.5 million nonfatal falls were treated in emergency departments
- Falls are the most common cause of traumatic brain injuries
- The direct medical costs for fall injuries are $34 billion annually
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
Just like auto accident cases, if another person’s negligence was the reason that you fell and were injured, then the law allows you to file a claim against that person in order to hold him or her accountable. Damages that you may receive through a negligence lawsuit may give you compensation to help offset the significant medical bills that you are likely to face. Compensable medical expenses include hospital, emergency room, rehabilitation, medication, and in-home care fees. You may also be able to receive compensation for lost wages and loss of future earning capacity. Furthermore, the law allows you to demand compensation for the physical pain you experienced as well as for the mental suffering.
If you accident occurred in the course of your employment, you may be entitled to workers’ compensation benefits. Workers’ compensation benefits include medical benefits as well as cash benefits equal to approximately 2/3 of your average weekly wages.Contact the Law Offices of Stephen Bilkis & Associates
To learn about your legal rights as the victim of a slip and fall accident, contact the experience attorneys at the Law Offices of Stephen Bilkis & Associates. 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.