Trip and Fall Accidents
Trip and fall accidents, commonly occurring in both public and private spaces, represent a significant area of concern for store customers and visitors to office buildings, or even commuters navigating New York subways, sidewalks and city streets. A trip and fall can lead to serious injuries, impacting the lives of victims and their families. Understanding the legal nuances surrounding these accidents is crucial for those affected.
Learn more below about trip and fall accidents in New York, including how they most commonly occur, the types of injuries they cause, and when another party is liable for your injuries. If you’ve been hurt in a trip and fall on someone else’s property in Orange County or throughout the Hudson Valley, contact Dupée & Monroe, P.C., to review your case and possible claims with an experienced and successful Goshen personal injury and premises liability attorney.
What Constitutes a Trip and Fall Accident?
A trip and fall accident involves an individual tripping over an object or uneven surface, leading to a fall and potential injuries. These incidents can occur due to various reasons, including:
- Uneven sidewalks or flooring
- Poor lighting
- Cables or extension cords strewn across walking paths
- Merchandise or debris left on the floor
- Store displays and items blocking the aisles
- Broken steps
- Unmarked steps or ramps
- Torn carpeting
- Mislaid floor mats
Common Injuries from Trip and Fall Accidents
Victims of trip and fall accidents may suffer a range of injuries, from minor bruises, strains and sprains to more severe conditions like fractures, head injuries, or spinal damage. The severity of these injuries often depends on the mechanics of the fall, the nature of the surface, and the physical condition of the injury victim. An injury victim is entitled to recover for the full extent of their injury and related medical expenses, as well as compensation for missed work or vocational disability, pain and suffering, and other damages which can be traced to the accident.
Liability in Trip and Fall Cases
In New York State, trip and fall accidents fall under the realm of premises liability law. Property owners, both private and public, have a duty to ensure their premises are safe for visitors. This includes performing regular inspections and maintenance and promptly addressing any potential hazards.
Determining liability in trip and fall cases requires establishing that the property owner either created the danger or was aware or should have been aware of the hazardous condition and failed to rectify it in a reasonable time. Documentation, such as accident reports, video footage, or witness statements, as well as medical evidence, often plays a crucial role in these cases.
Property owners and their insurers often claim they shouldn’t be held liable for the accident, including blaming the victim for causing the accident. They also make claims difficult by disputing the victim’s injuries, saying they aren’t serious or were caused by some other incident. Often they will drag out the settlement process by making repeated requests for documentation and physical exams, hoping the victim will give up in frustration or running out the statute of limitations before the victim can file a lawsuit.
Property owners and insurance companies are also known for trying to settle the case quickly and cheaply before the victim has spoken to a lawyer. It’s important not to accept any settlement until you’ve talked to a lawyer, seen a doctor, and have a good idea of what the impact of the injury will be on your life. For all these reasons and more, getting a personal injury attorney on your side at your earliest opportunity is the best move you can make to protect your legal claims to their fullest.
How Dupée & Monroe, P.C. Can Help
At Dupée & Monroe, P.C., our experienced attorneys are dedicated to representing victims of trip and fall accidents in Orange County and the Hudson Valley. Our approach starts with a comprehensive case evaluation. We thoroughly assess each case, considering the specific circumstances and potential impacts of the accident on the victim’s life. Our attorneys are well-versed in New York’s premises liability laws, ensuring a robust and informed legal strategy. We handle all negotiations with insurance companies on your behalf, leveling the playing field as we aim to secure fair compensation that covers medical expenses, lost wages, and other damages. If a fair settlement cannot be reached, our skilled litigators are prepared to represent your interests in court, advocating for your rights and seeking justice. Throughout it all, we offer compassionate and individualized support to our clients with empathy and understanding of what they are going through.
Contact Dupée & Monroe, P.C. Today
If you or a loved one has been injured in a trip and fall accident in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C. today by calling 845-294-8900 for a free consultation. Our dedicated legal team is committed to guiding you through the legal process, ensuring your rights are protected and working toward securing the compensation you deserve.
