Common Causes of Trip and Fall Accidents on Long Island

Common Causes of Trip and Fall Accidents on Long Island

Trip and fall accidents can happen throughout Long Island due to a variety of factors. It is not possible to pinpoint a single cause. There are so many ways in which people can fall and suffer injuries, there is no one answer. This blog post will look at common causes, your rights if you’ve been injured, and steps to take to preserve those rights.

One of the top causes of trip and fall accidents are environmental conditions. This would include hazards such as uneven sidewalks, unexpected steps, or slick floors that haven’t been adequately marked. These risks pose a significant danger, particularly in city and suburban areas like New York, where people are constantly in motion and often not attentive to where they walk.

Human factors also play a critical role in these incidents. Distractions, such as using a smartphone while walking, can prevent individuals from noticing potential dangers on their path. Note, however, that in New York, if the pedestrian is partially at fault, they may still recover for damages. Their culpability acts as a factor in the damage calculation, not an absolute bar to recovery.

Property owners may contribute to the risk by failing to maintain their premises or provide clear warnings of known risks. In failing to do so, they place others at an unreasable risk which can lead to serious injury.

Injuries Typically Seen in Trip and Fall Accidents

The consequences of a trip and fall accident can range from minor inconveniences to severe, life-altering injuries. Common injuries include fractures, particularly wrist, ankle, and hip fractures, which can be especially debilitating for older adults. Head injuries are also frequent, from concussions to more severe traumatic brain injuries, which can have lasting effects on cognitive function and quality of life.

Beyond the immediate physical injuries, victims can suffer from long-term repercussions that might not be apparent right away. For example, a severe fracture can lead to prolonged periods of immobilization, resulting in muscle atrophy and reduced mobility. Psychological impacts, such as anxiety or depression, are also common as victims cope with pain and the stress of recovery and medical treatments.

Many also suffer financial hardships, being unable to work for a period of time – or permanently – forever changing the course of their lives.

At the Law Office of Frank J. Cassisi, P.C., our attorneys understand the full scope of challenges that injury victims face. We are committed to securing comprehensive compensation that covers not only immediate medical costs but also long-term care and therapy if needed. If you or a loved one are suffering from injuries due to a trip and fall, reach out to us at (516) 294 5050 for compassionate and effective legal representation.

Compensation for Trip and Fall Victims: What Can You Recover?

One of the most common questions we hear is “what can I recover for my injuries?”

Victims of trip and fall accidents in New York may be entitled to a variety of damages, depending on the severity of their injuries and the circumstances of their accident. Economic damages are one of the primary categories of compensation, covering tangible losses such as medical expenses, lost wages, and the cost of future medical care. These are calculated based on invoices, receipts and other financial documents.

Non-economic damages are also important, as they compensate for the pain and suffering, emotional distress, and loss of enjoyment of life that can result from serious injuries. Although these damages are more subjective and not easily quantified, they are no less important. The extent of these damages often depends on the severity and permanence of the injuries sustained.

The attorneys at the Law Office of Frank J. Cassisi, P.C. are skilled in accurately assessing both economic and non-economic damages. We fight hard to ensure our clients receive the full compensation they deserve. We negotiate tirelessly with insurance companies and, if necessary, present a compelling case in court to secure the best possible outcome.

Laws in New York Designed to Protect Against Trip and Fall Accidents in New York

In New York, the legal framework for trip and fall accidents centers around premises liability law. This body of law holds property owners and managers responsible for maintaining safe environments on their premises. The core duty under this law is the obligation to keep the property reasonably safe from hazards that could cause injury to visitors, tenants, or the general public.

Property owners must regularly inspect their premises and either fix hazardous conditions within a reasonable period or warn visitors about potential dangers. This duty extends to all types of properties, including commercial buildings, residential properties, and public spaces. Breaching these duties can lead to a property owner’s liability if it is proven that they were aware of the hazardous condition or should have been aware through proper diligence, and failed to take appropriate action.

In trip and fall cases, proving a breach of duty involves demonstrating that the property owner knew about the hazardous condition (actual knowledge) or, given the circumstances, reasonably should have known (constructive knowledge), and negligently failed to address it. For example, if a broken stairway led to a fall and it can be shown that the property owner neglected routine maintenance checks, this could be deemed a breach of their duty of care.

Time is Ticking: Statute of Limitations in New York

In New York, the law imposes strict deadlines for filing personal injury claims, including those for trip and fall accidents. Generally, you have three years from the date of the accident to file a lawsuit against a private party. This statute of limitations is crucial because if you fail to act within this timeframe, you may be forever barred from pursuing compensation for your injuries.

Notice of Claim: Your First Step in Suing a Municipality

If your trip and fall accident involved a municipal property or employee, you must follow a specific legal procedure, starting with the filing of a notice of claim. This document is essential as it formally notifies the municipality of your intent to seek damages and provides a brief description of the incident and the injuries sustained. The notice must be filed within 90 days of the accident, and you only have one year 90 days to file your lawsuit against the municipality. This is a much shorter window than the standard statute of limitations.

The notice of claim is not just a formality; it is a critical component of your legal strategy. It includes details such as the date, time, and location of the accident, as well as a description of the injuries and damages. This notice also allows the municipality to conduct its investigation into the incident, which can be a double-edged sword, as their findings can impact your case.

Challenges in Proving Liability in Trip and Fall Cases

One of the biggest hurdles in any trip and fall case is establishing the property owner’s negligence. In New York, this involves proving that the owner knew or should have known about the hazardous condition and failed to take reasonable steps to remedy it. This can be particularly challenging, as evidence of prior knowledge or the duration of the hazard’s presence is often hard to come by.

Furthermore, New York’s comparative fault rule adds an additional layer of complexity. This rule allows the court to reduce the compensation you can receive based on your own percentage of fault. For instance, if you are found to be 30% responsible for the accident because you were not paying attention, your compensation will be reduced accordingly.

Navigating these legal nuances requires a deep understanding of New York personal injury law and a strategic approach to gathering and presenting evidence. Our attorneys at the Law Office of Frank J. Cassisi, P.C. are seasoned at dissecting complex cases and building strong arguments for our clients. If you face challenges with your trip and fall claim, don’t hesitate to reach out to us at (516) 294 5050 for professional advice.

Why You Should Speak with Our Trip and Fall Attorneys Today

From the initial consultation through to the resolution of your case, our team will provide experienced legal advice, meticulous attention to detail, and compassionate support. Whether it’s negotiating with insurance companies or presenting your case in court, we have the skills and experience to manage every aspect effectively.

Do not face this challenging time alone. The attorneys at the Law Office of Frank J. Cassisi, P.C. are here and ready to help you secure the compensation you deserve. Contact us at (516) 294 5050 today to discuss your case and learn how we can assist you in getting the resolution you deserve.

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