The term “slip and fall” is a term that comes into play in New York in personal injury suits. Slip and fall accidents typically occur on a property — “premises” — that is maintained or owned by another individual. These accidents involve an individual becoming injured due to the victim either slipping, tripping or falling on that individual’s property, for which the property owner could be held legally responsible.
There are a multitude of dangerous conditions in the world that could cause an injury like this. Common conditions include changes in flooring, narrow stairs, poor lighting, torn carpeting or a wet floor. Other conditions can include a cracked or broken public sidewalk, falling down a flight of stairs, or someone slipping or falling due to ice, rain, snow or some other kind of hidden hazard, such as a pothole.
Just like there are many causes of slip-and-fall accidents, there are several ways to determine if the property owner is legally responsible for the victim’s injuries. Each victim’s case hinges on whether the owner of the property exhibited care so that tripping or slipping was not very likely to happen and whether the victim was careless in not observing or avoiding the condition altogether that caused the fall. Typically, a person injured in this way on another’s property bears the burden of proving that the cause of his or her accident was a “dangerous condition,” a condition of which the property owner knew.
When New York residents injure themselves in a slip and fall accident on another individual’s property, and they believe negligence exists, many typically consider filing a legal claim. If this is the case, most victims typically choose to discuss their cases with experienced attorneys. As there are certain time limits in which an injured party may file a personal injury suit, victims must act quickly.