Trip and Fall
Understanding Trip and Fall Accidents
A trip and fall accident can occur on various types of property, including residential, commercial, or municipal locations. In such cases, you may be entitled to claim damages for injuries sustained due to the property owner's negligence.
At the Law Office of Stern and Stern, we specialize in representing individuals who have suffered from trip and fall incidents. These accidents can lead to severe injuries, including fractures, spinal cord injuries, and brain damage. We are committed to helping victims navigate through the legal complexities associated with these cases.
The Seriousness of Trip and Fall Accidents
Instances of trip and fall accidents commonly occur due to uneven pavements, broken sidewalks, or objects obstructing the walking path such as boxes or brooms. It's the property owner's responsibility to ensure their premises remain safe and devoid of such hazards. Failing to meet this duty of care can result in them being held liable for injuries caused due to this negligence.
Trip and fall accidents typically happen when an individual trips over an unexpected object or uneven surface, causing them to fall forward. This differs from a slip and fall accident where a person usually falls backward. It's a reasonable expectation for anyone to walk in an area without having to adjust their stride for unseen obstacles or uneven surfaces. Such areas can pose a significant risk to those navigating through them.
Determining Liability in Trip and Fall Accidents
Property owners hold the responsibility to visibly mark any potential hazards and act promptly to rectify these issues. Negligence in this scenario is determined by whether the property owner acted reasonably under the circumstances.
In trip and fall cases, proving that the defendant, or their employee, created the hazard is crucial. It must be demonstrated that the hazardous condition existed long enough for the defendant to have knowledge and address it. If aware, the defendant is obliged to take appropriate measures to mitigate the accident risk.
Understanding the Statute of Limitations for Trip and Fall Accidents
It's essential to note that trip and fall cases are subject to a statute of limitations, which defines the period within which you can file a claim. This period varies by jurisdiction, but it is crucial to act quickly to ensure your claim is filed within the legal timeframe. When the incident involves a government entity, the statute of limitations may be significantly shorter, sometimes requiring action within a few months of the incident. We strongly recommend contacting our office promptly after the accident to help ensure all necessary actions are taken within the required timeframes.
Advocating for Your Rights in Trip and Fall Accidents
Without the impetus of a legal claim, a property owner or business operator is unlikely to offer suitable compensation. Once we file a claim on your behalf, we gather the necessary evidence and document your medical recovery journey. Our approach is twofold: secure appropriate compensation for you while preparing for a potential trial.
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.
Contact the Law Office of Stern and Stern for Your Trip and Fall Case
We encourage you to schedule a free appointment to discuss your trip and fall accident case by calling us today at 516-634-0345. These cases operate within a strict timeline, making it vital to reach out as soon as possible after your injury to avoid missing the opportunity to file a claim.