Proving negligence is the key in a trip and fall lawsuit
Walk enough steps and sooner or later, you will stumble, trip and maybe even take a tumble. It happens all the time, no matter how much care we take and in many instances through no fault of our own.
In a place like New York City, where walking is often the preferred mode of transportation, the likelihood that a person will have a trip and fall accident increase significantly. And these types of accidents can happen anywhere, from a sidewalk to a stairway, stepping off a curb, inside a commercial or an apartment building, at any time, day or night.
Sometimes, it is just the result of carelessness on our part. But at other times, it’s due to poorly maintained sidewalks, a stairway or storefront that’s not lit well after dark, or an uneven bump in a sidewalk that poses a hazard to all pedestrians. When a property owner does not maintain their premises in an appropriate condition, the victim of a trip and fall accident may have a legal recourse to recover damages that they suffer in a trip and fall accident.
Accidents such as this, fall under the broad umbrella of premises liability law. When a lawyer takes on this type of a case, they not only must be able to prove that the dangerous condition existed, but that the responsible property owner was aware of the condition and had enough time to take corrective measures. When an owner does not do this, they can be held liable for negligence, which is the cornerstone for most all premises liability cases.
Because so many trip and fall accidents also take place in the public right-of-way, many times a plaintiff will seek compensation against the city. It’s a fairly common occurrence, given all that New York City officials are responsible for. The key in a situation like this is to remember that there is a very short statute of limitations for filing a claim against the city. In New York City, a claim must be filed within 90 days after the accident takes place.
Isaacson, Schiowitz&Korson LLP proudly serves New York City, including Manhattan, Brooklyn, Bronx, Queens, Long Island, Nassau and surrounding communities. Contact us for a free consultation at (212) 267-6557.
