Westchester County Trip and Fall
Most trip and fall accidents are the result of negligent maintenance of the property by the property owner. The property owner can be a company, an individual, or a city. The property owner has a responsibility to maintain safe conditions on his or her property. The unsafe condition can be direct or indirect, but either is still a cause of negligence. The condition can be a lack of proper maintenance, broken staircases, or potholes. The basis of a trip and fall injury case or a slip and fall injury case is that the accident would not have happened if the owner had taken care of the property or had issued a warning about the hazard on the property. An injury can cause a broken bone, a sprained foot, or more serious cases like a head injury or a spinal injury. Sometimes, the victim might be subject to long-term neurological problems due to the injury sustained during a trip and fall and in worst cases a trip and fall accident can lead to a death. 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 Nassau 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
The statistics regarding trip and fall and slip and fall accidents are startling. According to the Centers for Disease Control:
- One out of free 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
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.Westchester 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: