When an individual either slips, trips or falls on the property of another in New York, and the owner failed to take the appropriate precautions to prevent the accident from happening, the owner may be financially responsible for the victim’s injuries. What follows is a an overview of fairly common conditions and scenarios that often lead to a slip and fall accident when indoors. However, it is meant to serve only as a general overview — and is not exhaustive — so victims of these types of accidents are advised to consult an attorney.
A wet or slippery floor is a common cause of slip and fall accident. A property owner must provide adequate warnings, including signs, that alert others that the floor is in the process of being cleaned and may still be either wet or damp. Similarly, a torn, broken, worn or bulging area of a carpet may cause someone to trip, and the condition must be rectified and appropriate warnings placed at the location of the danger.
Another common scenario involves stairs. Over time, the edges of stairs often become worn and rounded due to use, which can lead people to slip. If the property owner knew of this dangerous condition — or the condition existed for a sufficient amount of time that the property’s owner should have been aware of it — grounds may exist for a premises liability claim should an accident occur in such a manner.
A successfully presented premises liability lawsuit can result in a monetary judgment for a victim of a slip and fall accident. Lost wages, medical costs, pain and suffering and other documented damages may be included. However, this type of claim can be complicated and may involve the testimonies of expert witnesses, as well as appropriate medical evidence. Before a victim moves forward with a claim in a New York civil court, it is generally wise to retain the services of an experienced personal injury attorney first.
Source: FindLaw, “Indoor Slip and Fall Accident Conditions“, Accessed on June 28, 2016