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Trip and Fall
If you trip and fall on someone else's property, you may have a right to pursue damages for the injury from the person or entity who owns or maintains the property. The Law Office of Stern and Stern assists people who have suffered injuries because of a trip and fall such as fractures, spinal cord, or brain injuries.
Trip and Fall Injuries Can be Painful and Extremely Serious
A Trip and Fall case may be the result of a broken sidewalk, uneven paving stones, an excessive elevation between the street and sidewalk, or items that are left on the floor such as brooms, or boxes. Property owners have a duty of care to ensure that their property is safe. If there was an injury as a direct result of a breach of that duty, the defendant could be held liable.
A trip and fall case is where a person trip over an object on the floor or a broken or uneven surface. The person did not avoid the obstacle because they did not see it or expect a change in the surface they are walking on. A person can also trip due to misjudging the area and the steps needed to avoid an accident.
In a trip and fall case, the injured person usually falls forward over an obstruction as opposed to a slip and fall where a person generally falls backward. When a person is walking in an area, there is an expectation that they will be able to walk at a normal pace without adjusting their gait. When surfaces are broken, uneven, or blocked by debris or other objects, the area becomes a danger to people who are walking in the area.
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Critical Issues in Trip and Fall Cases
A property owner has a responsibility to warn people of the danger with obviously visible signs and to implement repairs or changes to make the area safe for passage.
Negligence can occur in the form of an action or a failure to act. The central issue is whether the landowner or business operator acted in a reasonable manner under the circumstances. Premises liability cases can be very fact-specific. Timing is often critical in determining whether the defendant used proper care. The nature of the dangerous condition is also essential.
For a property owner to be held liable, the plaintiff must show that the defendant or an employee of the defendant created the danger. The plaintiff must show that the hazardous condition existed long enough for the defendant to know about and act upon the threat. If the defendant was aware, there is an obligation to take reasonable steps to reduce the risk of an accident or injury.
A landowner or business owner is not going to offer appropriate compensation without the pressure of a promptly filed legal claim. After filing a claim, we will work to gather the proper evidence and document your medical recovery process. We will work to receive appropriate compensation while preparing for the possibility of taking the case to trial.
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Contact the Law Offices of Stern and Stern
To schedule a free appointment to discuss your case, call us today at 516-634-0345. Trip and fall cases must follow a stringent timeline. If you are injured, it is essential to contact our office as soon as possible to avoid missing your window of opportunity.