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Trip-And-Fall Injuries Can Be Pursued As Personal Injury Claims

No one is immune from accidents – every day and everywhere, people get hurt in all types of accidents. When the accident that injured you could have been prevented, you may have standing to bring forward a personal injury claim against the at-fault party. These cases can occur for any number of reasons, but one that we see a lot in our practice involves trip-and-fall accidents in retail stores, buildings and on sidewalks.

At MJP Injury Law, our trip-and-fall attorneys are ready to talk to you about your injury. We understand all sides of personal injury law in New York, and we’re dedicated to fighting for our clients’ just compensation. We don’t back down. We don’t give up. We put your needs and compensation first throughout your case.

Premises Liability In New York

Under New York Law, a property owner must keep his or her property reasonably safe. A property owner is negligent in failing to keep the property reasonably safe where, for example, the property owner knows or should have known that a dangerous condition exists at the property. A property owner’s legal obligation also includes ensuring the area is free of broken objects or anything else that could cause someone to trip and fall.

The owner is the one responsible for ensuring there are no hazards on the property and that any unsafe conditions are addressed immediately. If you believe you have a trip and fall premises liability claim in New York, turn to us. Time is short, and if you fail to meet the certain strict deadlines, you may not have a chance to recover anything.

Trip-And-Fall Vs. Slip-And-Fall

Two common types of personal injury accidents are trip-and-fall and slip-and-fall accidents. Although these two terms may sound alike, they are different. Typically, in a trip-and-fall accident, an individual trips over something and falls forward, while a slip-and-fall accident causes the victim to lose balance on a slick surface and fall to the ground. This may seem like a small difference, but the manner in which you fall can implicate different legal standards that will govern your case.

Trip-and-fall accidents vs. slip-and-fall accidents also usually result in different types of injuries and are relevant to medical diagnosis and treatment. A trip-and-fall accident can often cause injuries to a person’s chest, wrists, knees or face. One example of this would be tripping over an uneven sidewalk (an all too common occurrence in New York City) and falling forward onto the hard concrete. On the other hand, a slip-and-fall accident (such as slipping on spilled liquid or ice) can cause injuries to the head, back, hips or tailbone.

Determining Liability

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.

We Want To Hear From You; We Want To Fight For You

If you’d like to speak with a trip-and-fall attorney, reach out to us at 718-557-9693 or send an email to schedule a consultation. Our compassionate team will fight for your deserved compensation while you take the time to recover.