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Slip, Trip and Fall Accidents

NEW YORK LAWYER-SLIP TRIP AND FALL ACCIDENTS

If you sustained a serious personal injury because you slipped or tripped and fell, your accident may have been caused by the negligence of someone else. Every year, thousands of People in the New York Metropolitan area are injured in trip and fall or slip and fall accidents. Our New York Accident Lawyers are thoroughly experienced in handling personal injury cases involving slip and fall cases.

Most of us don’t think about it, but our ability to walk or stand depends on the amount of traction between our shoes and the walking surface. Many slip and trips fall accidents are caused because of snow, ice, slippery conditions, poor and unstable walking surfaces, cracked sidewalks or defective stairs. Property owners are often at fault for slip and fall or trip and fall accidents, which have caused accident victims serious personal injuries.

FALLS DOWN THE STAIRS

Our New York Accident and Personal Injury Lawyers have won numerous verdicts and settlements for victims of slip and fall or trip and fall accidents. Landlords often allow their property to become in a state of disrepair which poses hazards to people who walk on the stairs. Stairs can be defective because the nosings are worn or absent, the stairs are too short or have poor step geometry. Stairs can also be dangerous because of poor lighting, absent or defective rails and substances on the stairs.

Our New York accident attorneys often work with engineers to document unsafe stairs that violate either the New York City building code, local codes and industry standards. For example, many building codes, incuding the New York City codes, have minimum lighting standards which are measured in foot candles.

In New York City, the building code has standards which the stairs must comply with. Also in New York, the mulitple dwellling law applies to apartment houses and the violation of its provisions can create strict liability against the landlord for a fall that results from a missing railing. If you have sustained a serious personal injury in a New York stairway, your slip or trip and fall may have been caused by the carelessness of the property owner. Our New York accident lawyers can document and prove that your accident and personal injuries were not your fault.

NEW YORK SIDE WALK LAWS

If you were injured because you tripped on a broken sidewalk in New York City (including the Bronx, Manhattan, Queens, Brooklyn) or Yonkers, New Rochelle, Ossining, Port Chester, Rye, Mamaroneck, Greenburgh, Elmsford or Mount Vernon, you need to act quickly because you need to file a notice of claim within 90 days.

The City of New York have passed laws that make it harder to bring lawsuits personal injuries caused by broken sidewalks. Normally, you need to prove that the town either had actual written notice of the defect or caused it to be broken to win your case. If you cannot prove either prior written notice or that the municipality caused the defect, you will loose your case. Although this is not always as difficult as it sounds. For example in New York City, there is a company that surveys the sidewalks documenting the broken portions and then files the maps with the City of New York. This often helps our New York personal injury lawyers prove that the City of New York knew about the broken sidewalk and didn’t fix it.

Our New York personal injury lawyers are experts at proving that the City caused the sidewalk or street to become broken. Often defective sidewalks or streets are caused by poor paving or sealing. This occurs when the sidewalk or street is opened and improperly closed which results in the sidewalk or street becoming broken. When a New York personal injury lawyer can prove that the City of New York or another town actually caused the broken sidewalk, you do not need to prove that they had prior written notice of the sidewalk or street.

There are often other entities that can be sued for a broken sidewalk, besides the City of New York. For example, in the City of New York, commercial property owners, such as stores and apartment houses are responsbile for maintaining the sidewalk which surrounds their property. Also, power companies, utility companies and other entiities often open the sidewalk and road and do not properly close it, which results in the sidewalk or street becoming broken. All of these entities can be held liable for the broken sidewalk and street which caused your personal injuries.

Another common cause of broken sidewalks are construction activities. Often sidewalks are damaged because heavy materials, machinery and equipment are rolled or carried over the sidewalk causing it break up. Likewise, when excavation is done on a property, it can often undermine the integrity of the adjacent sidewalk which results in the sidewalk becoming broken. Our New York personal injury lawyers have won many cases against construction companies that damaged the sidewalk, which resulted in a pedestrian who sustained a personal injury from a trippand fall.

DRAINAGE GRATES AND COVERS

Numerous accidents in New York are caused by improperly installed drainage grates and covers. These accidents are notorious for causing serious ankle fractures, often requiring surgery. They typically occur when a drainage grate moves when someone steps on it and the grate or cover moves. Then the ankle will get caught in the drain and the body will rotate, thereby causing the ankle to break.

Landowners have a requirement to make sure that these grates and covers are properly installed so that they are flush with the surrounding pavement, so as to not create a trip hazard. Likewise, the New York City building code has strict standards on the amount of weight that the grates and covers must support without moving. A violation of these provisions are sufficient to establish that the property owner was at fault for your accident.

SNOW AND ICE INJURIES

Our New York accident injuries have won countless cases against landlords and property owners who did not clean the ice or snow surrounding their property. In New York, property owners must keep the entrances and exits to their property and the sidewalk surrounding their property in a resonably safe condition.

Normally, when they have had an opportunity to clean their property of snow or ice and failed to do so, they can be held responsible for a personal injury caused by the snow or ice.

Our New York personal injury attorneys have also successfully proved that property owners for what is commonly known as black ice. For example, whenever property owners have defective gutters or drainage pipes that allow water to flow over the sidewalks are at fault. What happens is the rain or snow falls onto the roof, melts, and the drainage pushes the water across the sidewalk. Then when the temperature drops, the water freezes up and results in black ice. Black ice is especially dangerous because it is not easily seen and presents a dangerous trap.

 
The Law Offices of Michael H. Joseph