Trip and Fall

A “slip” occurs when there is too little traction or friction between the shoe and walking surface. A “trip” occurs when a person’s foot contacts an object in their way or drops to a lower level unexpectedly, causing them to be thrown off-balance. A trip most often results in a person falling forward, while a slip most often results in the person falling backward. A “fall” occurs when you are too far off-balance.  There are many situations that may cause falls, trips, and slips, such as grease, ice, wet spots, old carpets, polished floors, loose flooring,clutter, uneven walking surfaces, open desk drawers and electrical cords. Loose flooring, irregular surfaces such as cement, shifting floor tiles, and broken sidewalks, can make it an obstacle to walk. Most slip, trip and fall incidents are preventable with general precautions and safety measures.

Slip and fall or trip and fall accidents can be caused by many circumstances. In New York City, accidents can happen as a result of snow, ice, poor lighting, potholes, broken, cracked, raised, uneven, unleveled sidewalks, stairs, steps, streets and parking lots. These falls can be extremely dangerous, resulting in severe injuries and even death.  Every day countless American’s slip and fall for a variety of reasons, possibly due to their own carelessness but sometimes due to someone else’s negligence. There are many defects which cause people to slip and fall in which the landowner, tenant, or property manager will be held liable as a matter of law. The slip and fall attorneys Law firm BARAM & KAISER, ESQS,  Attorneys at Law have the experience necessary to identify these hazards and confirm who is responsible for the condition. Some of these hazards are:

  • Snow/Ice on walkway
  • Spills and wet floors
  • Debris left in a walkway
  • Uneven stairs and floors
  • Worn steps
  • Poor visibility
  • Lack of handrails

 

 Slip and fall accidents are frustrating because they can happen anywhere. Something as simple as going to the grocery store could turn into a trip to the emergency room. It’s important to remember that another company, person, or the government may be responsible for causing your injuries, and you may have what’s called a “premises liability” case.  Slips, trips, and falls constitute the majority of general industry accidents. Second only to motor vehicle accidents; slips, trips and falls are the most frequent accidents leading to personal injury. Slips trips and falls can result in head injuries, back injuries, broken bones, cuts and lacerations, or sprained muscles. The Bureau of State Risk Management has identified “slips, trips and falls” as one of the top five causes of workers’ compensation claims over the last six years.  The injuries that can occur as a result of a fall can range from minor to catastrophic, possibly even causing death. These injuries can become progressively worse with time so even if your injuries do not initially appear to be significant, it is vital to seek medical attention so your complaints are documented and you can begin the recovery process.

Often the person that falls is initially embarrassed and blames themselves, but in the eyes of the law a landowner is responsible to take reasonable steps to keep their property free of slipping hazards and to ensure that there are no building code violations. It is essential that you contact our slip and fall lawyers immediately so that we can investigate your fall before the owner can repair or alter the condition that caused your fall.  It is important to recognize that any embarrassment after a trip and fall should not prevent you from holding the appropriate person accountable. This is not to say that all trip and falls are someone else’s fault. People will trip and fall through clumsiness or not paying attention to where they were walking and what they were doing. We do need to accept personal responsibility. If a municipality’s negligence or property owner caused you to fall, you should not put blame yourself. You should hold them legally accountable. That is personal responsibility too.  If you are involved in a slip/trip & fall accident, you should:

  • avoid making any detailed statements concerning fault;
  • get names of owners and managers of property;
  • write names of witnesses;
  • take good pictures of scene and injuries;
  • save footwear and clothing;
  • seek medical attention if injured; and
  • not give recorded statements to insurance adjusters.

 

We have the resources to investigate the circumstances of your accident, hire experts, engineers, accident re-constructionists, photographers and other experts to win your case and get you the money you deserve. The sooner you call us, the better. It increases our chances of obtaining statements from the parties at fault before they speak with their insurance company or their lawyer. In addition, the sooner we can investigate the accident, locate witnesses, take photographs and begin to work up your case the better.  Often the defendant quickly fixes the problem after you have been injured and before a photo was taken. Protect yourself and call now.