Slips, Trips & Falls

Slip, Trip and Fall Lawyers

Slip, trip and fall accidents generally fall under the category of “premises liability” cases. Generally speaking, these cases arise when a property owner is negligent in the maintenance, repair and upkeep of the property in question.

If a person is injured on someone else’s property or on the premises of a commercial establishment, that does not guarantee that a lawsuit may be successfully brought. New York law favors the premises owner. Injured persons have to prove the property owner either caused the defective or unsafe condition and/or knew or should have known there was a defective or unsafe condition on the property. In addition, an injured person must prove that the defective or unsafe condition on the property was in face the cause of their injury.

Slip, Trip and Fall Legal Advice

An injured plaintiff must prove that the property owner or lessee either caused the defective or unsafe condition or they knew or should have known that there was a defective or unsafe condition on the property. Furthermore, a plaintiff must prove that this condition was a substantial factor in causing the injury. Another important factor that usually arises in these cases is the degree of responsibility for the accident by the injured party, also known as contributory or comparative negligence, which could reduce a recovery or prevent one in its entirety.

Premise liability cases include: “slip and falls at commercial establishments caused by liquids or foreign substances; “trip and fall incidents caused by unsafe property conditions; “construction site accidents and, assaults by employees or business patrons in many states, business owners and property owners have a duty to provide a safe environment for individuals on their premises.
If you or a family member has been injured due to a property owner or a business establishment failing to provide a safe environment, you may have a right to bring a claim for various damages incurred due to your injury.

If you are involved in a slip/trip & fall accident, you should:
1. avoid making any detailed statements concerning fault;
2. get names of owners and managers of property;
3. write names of witnesses;
4. take good pictures of scene and injuries;
5. save footwear and clothing;
6. seek medical attention if injured; and
7. not give recorded statements to insurance adjusters.