TRIP AND FALL ACCIDENTS IN NYC

Trip and Fall Accidents happen every day while walking through a busy and chaotic city like New York City. These falls can sometimes have severe repercussions for victims. Injuries range from cuts and scraps to life-altering surgeries. Trip and Fall accidents could have been avoided entirely in many cases if the owners and managers of the property where the accident occurred had performed regular inspections and maintenance. As a result, victims of these accidents may be reimbursed for injuries sustained due to a trip and fall. After an accident, a skilled New York personal injury lawyer can evaluate your claim and explain your legal options.

Accidents can happen anyplace, including on sidewalks. Pedestrians can be injured for a variety of reasons, including slipping on wet leaves that haven’t been removed or tripping over a crack. Even though sidewalks are highly durable and can go for years without needing repairs, issues arise from time to time. Unfortunately, cities frequently refuse to address these issues for years at a time, posing long-term risks. In certain cases the city is not responsible for day-to-day maintenance and upkeep; property owners must ensure that the sidewalks along their homes or businesses are clear and do not pose a danger to pedestrians. However, not all property owners follow these guidelines, and as a result, accidents and injuries occur.

WHY DO TRIP AND FALL INJURIES OCCUR?

According to research, trips and falls are estimated to cause one million emergency visits in the United States each year. Because of how heavily-trafficked public spaces are, how much residents use public transportation to get around, and how the city’s rain can make floors and walkways dangerously slippery, New Yorkers are particularly vulnerable to becoming the victim of a trip-and-fall. The following are some of the most frequent causes of tripping accidents among residents:

• Sidewalks that are slick, cracked, uneven, or obstructed
• Stairs and steps that are broken
• Handrails that are damaged or missing
• Spilled liquids or water tracked in during bad weather causing slippery floors.
• Between “split-level” areas in stores, there are no clearly marked steps or ramps.
• Obstacles on the store’s floor or in the aisle
• Tears or bumps in the carpet are some examples of carpet flaws.

TRIP AND FALL ACCIDENTS IN THE BRONX

Every year, unaddressed hazards cause trip and fall accidents on both private and public properties in the Bronx. Unfortunately, the majority of fall-related injuries are avoidable. The New York City Department of Health explains that fall accidents have predictable patterns and easily identified risk factors. This means that most property owners can keep people safe as long as they inspect and maintain their properties.

Trips and falls are common in the Bronx.

• Icy surfaces

Winters in New York City are frequently bitterly cold, resulting in icy conditions. Pedestrians often encounter icy walkways and parking lots, even though property owners are responsible for treating icy surfaces to make them safe for traversing.

• Steps that aren’t well-maintained

Poorly maintained steps are frequently linked to slip and fall accidents. Steps that are broken, slippery, or under repair and not properly marked are common hazards in the Bronx. Inadequate lighting and broken or missing handrails are two other factors that can lead to an accident.

• Sidewalks in Bad Shape

Because of poor maintenance, many trip and fall accidents occur throughout the Bronx on sidewalks. Broken or uneven walkways surfaces, including conditions that result in cracks, holes, slopes, or even tree roots poking through the cement, are common hazards. Another common cause of pedestrians falling is from debris left on sidewalks.

• Spills of Liquid

Shopping malls, grocery stores, office buildings, NYCHA properties and apartment complexes, to name a few, can all have wet floors. Water may be tracked in during the winter or on rainy days, creating hazardous conditions. Not properly cleaning floors and/or failing to warn people about slipping hazards are also issues.

• Obstacles on the Floor

A floor obstruction is defined as tears or bumps in carpets, merchandise, debris, garbage, loose/unsecured electrical wires, or anything else that can cause a person to trip. If a potentially hazardous condition cannot be corrected quickly or reasonably, property owners must post warning signs to alert people to the situation.

TRIP AND FALL ACCIDENTS IN BROOKLYN

Trip and Fall Accidents are one of the most known causes of injuries and death in the United States. Brooklyn, New York, is no exception. You are probably dealing with a painful injury if you’ve been hurt in a trip and fall accident. You’ll discover that your trip and fall injury is costly in a variety of ways.

There are medical bills to pay as well as the cost of rehabilitation. Pain and suffering can cost you a lot more money than you think. A sudden drop in income can put you in a complicated financial situation if you cannot work. You may find it unease to make ends meet, let alone pay for the damages caused by your accident. Seeking compensation for your trip and fall accident is one of the most important things you will ever do. You can use the money you recover to cover your rising financial costs and gain some peace of mind. 

COMMON TYPES OF INJURIES RELATED TO A TRIP AND FALL ACCIDENT IN NYC.

The New York State Department of Health reports fall-related injuries are the primary cause of hospitalizations. The following are the most common injuries caused by trip and fall accidents:

• Sprains and Strains are two different types of injuries

Sprains of the muscles and ligaments are frequent trip and fall injuries. These wounds can take a long time to heal and can interfere with daily activities, even the most basic ones like cooking or tying your shoes.

• Injuries to the head

Concussions and traumatic brain injuries (TBI) are among the most serious types of injuries. Head injuries can be challenging to detect because the impact of a hit to the head isn’t always visible. When the head collides with a solid floor, bleeding on the brain can ensue. Any hit to the head requires immediate medical attention.

• Injuries to the neck and back

The neck and back of the body are particularly vulnerable to injury. Breaks, sprains, nerve damage, and even spinal cord injury are common among fall victims. Many of these injuries, unfortunately, are permanent.

• Lacerations

Skin contusions and abrasions are common fall injuries, especially when rough surfaces or debris are present. Although a cut may not appear to be a severe injury, it can result in severe scarring or emotional trauma (i.e., facial scarring).

• Broken Bones and Fractures

When the body’s bones are subjected to more pressure than they can withstand, they break or fracture. Common fractures/broken bones commonly seen in Trip and Fall Accidents are to the foot, ankle, arm, wrist, or hip in a fall accident.

• Injuries to the shoulders

Shoulders are complex body parts that are frequently injured in falls, particularly if a person reaches out to brace themselves and the shoulder takes the brunt of the impact.

Some injuries occur right away, while others take weeks or months to manifest or be diagnosed. Even if they are not in pain, victims of falls should seek medical attention right away. 

WHAT SHOULD I DO AFTER A TRIP AND FALL ACCIDENT?

The actions you take after a Trip and Fall Accident are critical for your health as well as for the viability of a legal claim for damages. It’s critical to:

• Immediately notify management or the property owner of the accident.
• Take a clear picture of the hazard that caused you to trip and fall.
• Any other evidence that might be discarded or lost after you leave should be gathered.
• Make an appointment to see a doctor about your injuries right away.
• When the insurance company calls, please don’t give them a statement. Always speak to a lawyer first.
• Do not post anything about the accident on social media.

Be aware that whatever caused your fall will almost certainly be quickly repaired by the property owner. As a result, you should gather as much evidence (videos, photos, etc…) of what caused your accident and contact a lawyer ASAP.

NEW YORK TRIP AND FALL LAWSUIT

Simply because someone has fallen due to a dangerous sidewalk does not mean they will successfully file a trip and fall lawsuit against those responsible. In New York, those injured on sidewalks must show that the person in charge of the sidewalk should have known about the dangerous state. A plaintiff(you) must also demonstrate that the dangerous sidewalk was a “substantial factor” in their injury. Furthermore, the person in charge of the sidewalk might accuse the wounded party of contributing to the fall.

Some cities and towns have laws that specify who is liable for a sidewalk. It is usually the property owner’s responsibility for the upkeep and maintenance of the sidewalk or the city or town where the sidewalk is located. For example, in New York City, the property owner abutting the sidewalk is generally responsible for keeping the sidewalk in a safe condition under New York City Administrative Code Section 7-210. However, any sidewalk that abuts a one, two, or three-family residential home where the owner lives are the responsibility of the City of New York. Suppose the sidewalk is the responsibility of the City of New York. In that case, there is an additional requirement that must be met in order to bring a lawsuit successfully under the New York City Administrative Code. To file a lawsuit against the City of New York for failing to maintain a sidewalk properly, an injured person must show that the City of New York received “prior written notice” of the condition of the defective walkway (crack, pothole, unevenness, etc.) that caused the injury, according to New York City management Code section 7-201. This means that the injured person must show that the City of New York was notified in writing about the dangerous sidewalk before the date of the injured person’s fall. In addition, there are many more strict deadlines when suing the City of New York. For example, you have to file a Notice of Claim within 90 days of your accident.

WHEN ARE NEW YORK TRIP AND FALL VICTIMS ENTITLED TO MONEY DAMAGES?

The property owners or managers of the business where the fall occurred can often prevent trip-and-fall injuries. Property owners may be held accountable for the costs of the victim’s injuries if the accident could have been avoided. Whether an owner is fully responsible for a victim’s injuries depends on whether that duty was breached and whether the breach resulted in injury.

• Duty: It is the responsibility of property or business owners who invite customers or other members of the public to ensure that the premises are reasonably safe for them. This means that property owners must inspect the premises on a regular basis for potential hazards, such as cracked/uneven sidewalks, broken staircases/steps, loose/raised/torn carpets, or liquid puddles.
• Breach of duty: If a property owner refuses to conduct these regular inspections of their property or fails to repair tripping hazards that they knew or should have known about within a reasonable timeframe, the owner has been unable to fulfill their legal obligation to keep their premises safe for visitors.
• Injury: Visitors to a business or visitors to someone’s home have a right to expect the premises to be safe and free of hidden tripping or slipping hazards. Visitors who suffer a serious injury due to the owner’s failure to maintain secure premises have a legal right to be compensated for their losses.

If a victim cannot prove one of these elements, he or she will not be entitled to monetary compensation. However, a skilled trip and fall attorney can get this information from you. This can be done through court orders for discovery (i.e., records about inspections), subpoenas or several other ways.

CONCLUSION

Property owners frequently claim that they had no way of knowing about or correcting the hazard prior to the accident or that the danger was so evident that the victim should have been able to avoid being injured. When a property owner is liable for your accident, a skilled trip-and-fall attorney can help you fight for the compensation you deserve. Vincent C. Loiodice has handled countless trip and fall accident cases throughout his career. Whether it has been a cracked/uneven sidewalk against the City of New York or a cracked tile in a retail store,  Vincent has seen it all and has fought endlessly to get his clients the compensation they were due. Call us today for a free telephone consultation at 212-888-2686.