Westchester County 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 property is owned by a private business, a government agency, or an individual, the owner is required to keep the property safe and free from hazards. If the property is not properly maintained and as a result someone trips and falls, the result may be serious injuries such as back injuries, broken bones or head injuries. Under the legal theory of premises liability the victim of who falls on another person’s premises because of a hazard such as an uneven floor or broken stars, is entitled to compensation for medical expenses and other losses. If you were seriously injured after tripping and falling on another person's property, it is important that you speak with an experienced Westchester County personal injury attorney who will review the details of your case and work aggressively to ensure that you receive the maximum compensation to which you are entitled.

Trip and fall liability

People fall all of the time. Just because you fell on property that belongs to another person does not always mean that the property owner is liable. In order for you to have a valid claim there must have been a hazard that caused you to fall. In other words, if you lost your footing for no apparent reason and fell, the property owner would not be liable. The property owner or manager must have actually known or should have known about the hazard. If the hazard was not present for long enough for the owner to be charged with knowledge of it the property owner may not be liable for accidents caused by the hazard. Finally, you must have suffered a serious injury. If you tripped and fell because of a worn, torn carpet, but you were not injured, you will not be able to recover any damages.

Pursuing a claim

A trip and fall accident can result in serious injuries that require extended treatment such as a traumatic brain injury. Through a personal injury lawsuit you can recover compensation that will help relieve the financial stress caused by significant medical bills and the inability to work. Such damages may include compensation for past and future medical expenses, 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, his or her personal representative 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.

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.

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