Trip & Fall Accident Attorney in Bronx, New York

No one is immune from accidents—every day and everywhere, people get hurt in all types of accidents. Sometimes accidents are the victim's own fault (for example, engaging in a reckless action), while others are due to the negligent actions of someone else (say, a property owner who fails to fix a broken or uneven sidewalk or other dangerous condition at their property. ).

When you are injured from an incident that was not your fault and the accident 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 a trip and fall accidents in retail stores, buildings, and on sidewalks.

If you’d like to sit down with a personal injury attorney to discuss your situation, give us a call at MJP Injury Law. Our trusted personal injury attorney has the knowledge, experience, and resources to help you pursue the compensation you deserve.

From our offices in the Bronx, NY, we’re able to serve clients throughout the area, including Manhattan, Brooklyn, Queens, Staten Island, Westchester County, Nassau County, and Suffolk County. 

Premises Liability in New York

"Premises Liability" refers to the negligence laws that apply to New York property owners. 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. For example, if a property owner knows that a set of stairs in their building is unstable or doesn’t have a handrail, they would have to fix this within a reasonable amount of time and provide an adequate warning of the dangerous condition. A property owners legal obligation also includes making sure the area is free of broken objects or anything else that could cause someone to trip and fall.

In both cases, 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, it is beneficial to speak with a reliable attorney. In some cases, you must file your claim in as little as 90 days from when your accident happened, which an attorney can assist with. If you fail to meet the strict deadlines, you will get nothing.

Trip and Fall vs. Slip and Fall

Two common types of personal injury accidents are trip & fall and slip & fall. Although these two terms may sound alike, they are different from one another. Typically with a trip and fall accident, an individual trips over something and falls forward, while a slip and fall accident causes the victim to slid out and down 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 is 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  

Proving Fault 

Identifying the liable party is only the first step in building a successful claim. After this, you must prepare to prove three things: 

1. The owner (or manager) was aware that a hazardous condition existed on their property or that the hazardous condition existed for such a length of time that the owner should have known about the hazardous condition;

2. The owner didn’t fix the potentially dangerous condition or provide adequate warning;  

3. Because this hazard was not fixed, it caused you to trip and fall, resulting in injury.