Suffolk County Trip and Fall
A trip and fall accident or slip and fall accident is a type of accident that involves someone tripping or slipping and suffering an injury on someone else's property. The legal term for these types of cases is a premises liability case. 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 Suffolk County 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 were injured on someone’s property does not automatically mean that the property owner was negligent. To be liable the property owner must have known or should reasonably have known that the premises was in an unsafe condition, and still failed to take proper steps to remedy the situation. The courts will apply a reasonableness standard in determining whether a premises owner “should have known” that there was an unsafe 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 slipped 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
While trip and fall accidents commonly occur in restaurants, retail establishments and similar types of businesses, a trip and fall or slip and fall accident could occur almost anywhere. For example, an accident at a construction site or in the workplace could be a trip and fall accident. Similarly, a train or subway accident could involve someone slipping on a wet spot on a platform. Thus, depending on where the accident occurred, a trip and fall claim could involve filing a claim against a person, a retailer, or a government entity. Or, it could involve filing a workers’ compensation 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.Suffolk County 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: