NEW YORK TRIP AND FALL REPRESENTATION
New York Trip and Fall Lawyer
NEW YORK TRIP AND FALL HELP
Hurt in a New York Trip and Fall Accident?
A trip and fall accident can leave you dealing with pain, medical treatment, missed work, insurance calls, and uncertainty about what to do next. These cases often depend on evidence that can disappear or change quickly, including photographs and measurements of the defect, surveillance video, incident reports, witness information, inspection and repair records, prior complaints, and proof of who owned or controlled the property.
If your fall was caused by water, snow, ice, or another slippery substance, learn more about our New York slip and fall representation.
Direct Attention After a Trip and Fall Accident
After a trip and fall, the property owner, management company, contractor, or municipality may already be investigating the incident and protecting its own interests. You deserve someone focused on protecting yours.
Vincent C. Loiodice, Esq. works directly with injured New Yorkers and investigates the condition that caused the fall—such as a broken sidewalk, raised surface, defective stair, hole, obstruction, or poor lighting. Important evidence may include photographs and measurements, surveillance footage, witness information, incident reports, inspection and repair records, prior complaints, and proof of who owned or controlled the location.
What Clients Say About
Vincent C. Loiodice
Vincent C. Loiodice, Esq. obtained a $1.5 million settlement for a client who tripped and fell on a crack in concrete steps in a dimly lit stairway.
The case involved the condition of the steps, inadequate lighting, maintenance of the property, and whether the responsible parties knew or should have known about the dangerous condition.›
Prior results do not guarantee a similar outcome. Every case is different.
$1.5 Million Staircase Accident Settlement
Vincent C. Loiodice, Esq.
EVIDENCE CAN CHANGE QUICKLY
A Trip and Fall Case Needs the Right Evidence
The Defect Must Be Documented
A crack, raised surface, broken step, hole, uneven floor, obstruction, or poorly lit walkway may be repaired or changed soon after an accident. Important evidence may include photographs from multiple angles, measurements of the defect, surveillance video, witness information, incident reports, inspection and repair records, prior complaints, and proof of who owned or controlled the property.
Liability may depend on whether the responsible party created the defect, had actual notice of it, or had constructive notice because the condition was visible and apparent and existed long enough to be discovered and corrected.
Who Controlled the Property Matters
Responsibility may rest with a property owner, landlord, tenant, management company, contractor, or municipality. Identifying who inspected, maintained, repaired, or controlled the area can be just as important as proving the dangerous condition itself.
Direct Attention From Vincent
You work directly with Vincent C. Loiodice, Esq. He reviews how the fall happened, identifies the parties who may be responsible, and takes steps to preserve evidence before it disappears.
Three Things That Can Strengthen a Trip and Fall Claim
A trip and fall case can depend on small but important details, including the exact location and size of the defect, whether it was visible, who controlled the area, whether complaints were previously made, and how long the condition existed. Early investigation can make a major difference.
Document the Defect
Photograph the crack, broken step, raised surface, hole, uneven floor, obstruction, or other condition from several angles. Measurements can help show the size and height of the defect before it is repaired or changed.
Identify Who Controlled the Area
Responsibility may involve a property owner, landlord, tenant, management company, maintenance contractor, construction company, or municipality. The correct party depends on who owned, controlled, inspected, repaired, or maintained the location.
Preserve Notice and Repair Evidence
Surveillance footage, incident reports, inspection records, work orders, prior complaints, repair history, and witness information may help establish whether the responsible party created the condition, knew about it, or should have discovered it.
Speak With a Trip and Fall Accident Lawyer Today
COMMON TRIP AND FALL CASES
Common Trip and Fall Accidents
Trip and fall accidents can occur on sidewalks, stairways, apartment buildings, stores, parking lots, construction areas, and other properties throughout New York. These cases often depend on the precise defect that caused the fall, who controlled the location, whether the condition existed long enough to be discovered, and what evidence can still be preserved.
Steps That Can Help Protect Your Case
- Photograph the defect and the surrounding area from several angles
- Take measurements showing the height, depth, or width of the condition
- Report the accident and request a copy of any incident report
- Obtain witness names and nearby surveillance-camera information
- Seek medical care and accurately explain how the accident occurred
- Avoid repairing, moving, or altering any item involved in the fall
“After a trip and fall, the crack, broken step, raised surface, or other defect can be repaired or changed quickly. My job is to move fast, preserve the evidence, and make sure the injured person is not left dealing with the insurance company alone.”
Vincent C. Loiodice, Esq.
New York Trip and Fall Lawyer
FAQ
What is the difference between a trip and fall and a slip and fall?
A trip and fall generally occurs when a person’s foot catches on a physical defect or obstruction, such as a cracked sidewalk, raised surface, broken step, hole, uneven floor, or debris. A slip and fall usually involves losing traction because of water, ice, oil, or another slippery substance.
Who may be responsible for a trip and fall?
Responsibility may involve a property owner, landlord, commercial tenant, management company, maintenance contractor, construction company, or municipality. Determining who owned, occupied, controlled, inspected, repaired, or maintained the location is an important part of the investigation.
What conditions commonly cause trip and fall accidents?
Common hazards include broken or uneven sidewalks, raised concrete slabs, cracked stairs, holes, depressions, loose flooring, torn carpeting, unsafe thresholds, missing handrails, debris, exposed cords, poor lighting, and unexpected changes in elevation.
Is a small crack or height difference too minor for a case?
Not necessarily. New York does not apply one automatic minimum measurement to every defect. Courts may consider the defect’s width, depth, elevation, irregularity, appearance, location, lighting, and the surrounding circumstances of the accident.
What must be proven in a New York trip and fall case?
The evidence generally must establish that a dangerous or defective condition existed and that the responsible party created it, knew about it, or should have discovered and corrected it. Constructive notice may exist when a condition was visible and apparent and remained present long enough to be discovered and remedied.
How long do I have to file a trip and fall claim in New York?
Many personal injury claims against private parties must generally be commenced within three years. Claims involving a municipality may require a Notice of Claim within 90 days and may have a lawsuit deadline of one year and 90 days. Different rules can apply to particular public authorities and other defendants, so the deadline should be investigated immediately.
What should I do after a trip and fall accident?
Photograph the exact defect and the surrounding area before anything changes. Take measurements when possible, obtain witness and camera information, report the accident, request an incident report, preserve the shoes you were wearing, and seek appropriate medical care.
Can I recover compensation if I was partially at fault?
Potentially, yes. Under New York’s comparative-fault rules, a person’s own negligence does not automatically prevent recovery, although compensation may be reduced according to the percentage of fault assigned to that person.
AFTER A TRIP AND FALL ACCIDENT
How We Help After a Trip and Fall
After a trip and fall accident, you may be dealing with pain, medical treatment, missed work, insurance calls, and questions about who was responsible. Vincent’s office investigates the dangerous condition, works to preserve evidence, identifies the parties who may be liable, and helps protect the claim from the beginning.
Issues that may arise
- Identifying the crack, broken step, raised surface, hole, obstruction, or other defect
- Determining who owned, controlled, inspected, or maintained the location
- Preserving photographs, measurements, surveillance video, and witness information
- Reviewing incident reports, work orders, repair records, and prior complaints
- Addressing insurance issues and important filing deadlines
