What is a Trip and Fall Claim ?
A trip and fall legal case (as in a slip and fall case), is a type of personal injury lawsuit that arises when an individual is injured due to a hazardous condition on someone else’s property. These cases typically involve a person tripping, slipping, or falling and sustaining injuries as a result of a dangerous condition on the premises.
What is the Basis for a Trip and Fall Claim?
In trip and fall cases, evidence is crucial. It is essential to document the hazardous condition and collect any available witness statements or surveillance footage that can support the claim. Medical records and expert opinions may also be used to establish the extent of the injuries and their impact on the individual’s life.
Proving liability in trip and fall cases can be complex, as property owners may dispute their responsibility or argue comparative negligence, claiming that the injured person was partially at fault for the accident. It is recommended to consult with an experienced personal injury attorney who can assess the specific circumstances of the case, gather evidence, and advocate for the injured person’s rights, helping to navigate the legal process and seek fair compensation for their injuries and damages.
To pursue a trip and fall legal case, certain elements must generally be established:
- Duty of care: The property owner or occupier must owe a duty of care to the injured person. This means they have a legal obligation to maintain the premises in a reasonably safe condition or provide warnings about known hazards.
2. Hazardous condition: It must be shown that there was a hazardous condition on the property that caused the person to trip, slip, or fall. Examples of hazardous conditions include uneven or broken pavement, wet or slippery floors, inadequate lighting, obstacles or debris in walkways, or other dangerous conditions.
3. Notice: The injured person must prove that the property owner or occupier had knowledge or should have had knowledge of the hazardous condition. This can be demonstrated by showing that the owner created the hazard, knew about it but failed to address it, or that the condition existed for a sufficient amount of time that the owner should have discovered and rectified it.
4. Causation: It must be established that the hazardous condition was the direct cause of the person’s injuries. This requires demonstrating that the fall and resulting injuries were a foreseeable consequence of the dangerous condition.
5. Damages: The injured person must have suffered actual damages, such as medical expenses, pain, and suffering, lost wages, or other related losses, as a result of the fall.
Have Questions?
These are just a few of the frequent questions we are asked.
No, all consultations are free of charge.
As an injury law firm A.H. Law P.C. works solely on contingency (33.3%, except for medical malpractice) and therefore you pay nothing out of pocket and only pay us once we win the case.
We have expericed and knowledge representation for you in the area of your injury case.
Yes, the general statue of limitations for New York is three (3) years, so the sooner a case is started the better.
We're asked this a lot, but there is no way to predict in advance without evaluation of the claim, the evidence, the case law, and assessment of damages sought.
