Bronx Trip And Fall Accident Lawyers

Last updated on February 11, 2025

At MJP Injury Law, our trip and fall accident lawyers are ready to investigate and file a trip and fall accident claim against the responsible party and get you the settlement you deserve. We understand how to prove a trip and fall accident claims in New York and what drives insurance companies to offer top dollar settlement. We don’t back down. We don’t give up. We put your needs and compensation first throughout your case.

Understanding New York Trip And Fall Law

If you were injured in a trip and fall accident on property in New York, you are entitled to a settlement for any injuries caused by the responsible party’s negligence. To obtain compensation for your injuries, you must bring a negligence lawsuit against the person or entity responsible for causing the accident.

Who Is Liable For A Trip And Fall Accident In New York

Determining who is legally responsible for a trip and fall accident in New York depends on who owed you a duty of care at the time and location of the incident. Liability is governed by a combination of New York’s common law, statutory law, and in some cases, specific municipal codes.

In premises liability cases, the key factor in determining liability is who had control over the area where the fall occurred. A party may owe a duty of care based on ownership, control, a lease agreement, a course of conduct, or even statutory obligation.

Common Law Duty Of Care

Under New York common law:

• Property owners must maintain their premises in a reasonably safe condition and avoid creating hazardous conditions.
• Tenants or businesses that lease or control property—such as a commercial tenant inside a shopping center—also have a duty to keep their space safe for visitors.
• The “special use doctrine” imposes liability on parties who make special use of public property (like a sidewalk or curb cut) for their own benefit, even if they don’t own the property.

Statutory Liability

In addition to common law principles, New York statutes impose liability on certain parties in specific situations. For example:

• New York City Administrative Code § 7-210 holds property owners responsible for maintaining the sidewalks adjacent to their properties. If someone trips and falls due to a defect in that sidewalk, the adjoining property owner—not the City—may be liable.

What Do You Need To Prove In A New York Trip And Fall Case?

To recover compensation in a trip and fall case, New York law requires you to prove that the person or entity responsible for maintaining the property was negligent. Negligence means failing to use the level of care that a reasonably prudent person or business would exercise under similar circumstances.

To succeed on a trip and fall claim, you must prove three essential elements:

1. Duty of Care: The property owner or party in control owed you a legal duty to maintain the premises in a reasonably safe condition.
2. Breach of Duty: They breached that duty by failing to fix or warn of a hazardous condition.
3. Causation: That breach directly caused your injuries.

What Constitutes A Breach of Duty In A Trip And Fall Case?

To prove a breach of duty, you must show that you tripped on an unreasonably dangerous condition. Not all irregularities or defects qualify. The courts will evaluate the condition and its context, including:

• The size, shape, and appearance of the defect
• The location and lighting in the area
• The time, place, and circumstances of the fall

According to New York’s highest court, the Court of Appeals, the existence of a dangerous or defective condition depends on the facts of each case. While there is no fixed minimum size required to prove a hazard, New York courts recognize that even small or physically insignificant defects can be dangerous if the surrounding circumstances make them more hazardous.

Examples of Conditions Often Found Unreasonably Dangerous By New York Courts

• Broken or misleveled sidewalks
• Cracked or uneven stairs
• Broken floor tiles or landings
• Uneven or sagging floors
• Potholes and cracked pavement
• Torn or bulging carpeting
• Rolled-up or unsecured floor mats
• Raised door saddles
• Protruding floor hardware or water caps
• Defective manhole covers
• Depressed cellar or vault doors
• Dirty or poorly maintained stairwells
• Non-code compliant stairs
• Items or debris left in walkways (e.g., in stores or parking lots)
• Poorly maintained or uneven store displays

Proving Notice Of The Hazard

To hold a defendant liable, you must also show that they:

• Created the hazardous condition, or
• Knew about it (actual notice), or
• Should have known about it (constructive notice)

Constructive notice means the condition was visible and apparent, and existed long enough that a reasonably careful person or business should have discovered and corrected it.

You can prove constructive notice in several ways, including:

• Photographic evidence: (e.g., Google Maps Street View showing the defect existed long before the accident)
• The nature of the defect itself: For example, broken stairs or sidewalks often result from long-term wear and tear. Courts routinely hold that these conditions develop over time, allowing juries to infer constructive notice.

How Is Liability Determined In NYC?

In order to determine liability in a case like this, you must first establish the property owner’s duty of care. Once you’ve proven the owner had a legal duty of care to visitors on their property, and this care was then neglected, you then have the basis for a claim.

There will be some differences in your approach depending on whether you’re filing a claim for an injury on public property, in a store or on government land because the “at-fault” party will change. Common liable parties could include:

• Property owner or homeowner
• Business owner
• Government entity
• Commercial building owner

Identifying the liable party is only the first step in building a successful claim. We can help you pursue your case to the end and fight for the compensation you deserve.

Don’t Wait – Protect Your Rights After A Trip And Fall

If you’ve been injured in a trip and fall accident, acting quickly can make all the difference. At MJP Injury Law, we know how to gather critical evidence, identify the responsible parties, and build a strong claim from day one. Whether your fall occurred on a sidewalk, staircase, in a store, a hallway or any other property, our experienced New York personal injury attorneys are here to help you recover the compensation you deserve.

Call us today at 718-709-9678 for a free consultation, or fill out our online form to get started. We don’t get paid unless we win your case.