Trip and Fall Injuries Caused by Uneven Pavement on LI

Trip and Fall Accidents on Uneven Pavement on Long Island

Trip and fall accidents are all too common, especially in the suburbs of Long Island. People walk on sidewalks, walkways, and parking lots daily without noticing uneven pavement. Suddenly, without warning, they trip and fall.

While many escape this without injury, others can be seriously injured. The most common cause of these trips is uneven pavement, often due to poor maintenance, weather damage, or construction work.

In New York State, property owners have a responsibility to keep their sidewalks safe. That owner may be a homeowner, commercial property owner, or municipality. In some cases, it could be a tenant obliged by their lease to maintain the walkways in a safe condition.

Regardless, when they neglect this duty and someone is injured, they can be held liable.

Legal Framework for Trip and Fall Claims in NY

New York premises liability laws state that property owners must keep their premises reasonably safe. This means regularly inspecting for hazards and fixing them promptly.

While there are many statutes and case law on point, a few of the relevant laws include:

  • New York City Administrative Code § 7-210: This statute imposes a duty on property owners to maintain sidewalk areas in a reasonably safe condition.
  • New York Real Property Law § 235-b: This law outlines the duty of landlords to provide safe and habitable living conditions for their tenants.
  • New York Multiple Dwelling Law § 78: This statute requires owners of multiple dwellings to keep the premises in a safe and sanitary condition.

This is not a complete list – there are many statutes and regulations, together with well-settled case law – that create legal obligations to maintain premises in a safe condition.

Key Steps in Pursuing a Trip and Fall Claim

If you have been injured in a trip and fall accident, there are certain steps you should take in order to protect your rights:

  • Document everything. Take photos of the uneven pavement, your injuries, and anything else relevant to the accident. Include images of the scene, your injuries, lighting conditions, debris that may obstruct your view of the uneven paymenet, etc.
  • Gather contact information and statements from witnesses. Everyone’s memory is freshest right after an event, and ask them to give a statement to you, on video, so you can record their observations.
  • Record a video detailing your observations as well. Lawsuits can be lengthy processes, and your recollection several years later may not be as fresh as the day of the incident.

Negotiating with Insurance Companies: Tips and Strategies

Negotiating directly with insurance companies without legal representation is generally not recommended due to the complex nature of insurance claims and the potential for undervaluing your claim. Additionally, to help things move faster, many victims make statements to the insurance company (who is seeking to minimize what they pay you) and erroneously accept full or partial responsibility. Other statements may indicate you are willing to take a settlement far below what your claim is worth.

Here are just a few reasons why our attorneys should represent you when negotiating with the insurance company:

  • Legal Expertise: Lawyers are well-versed in insurance law and know how to navigate complex legal procedures.
  • Claim Evaluation: Attorneys can accurately assess the value of your claim to ensure you receive fair compensation.
  • Avoiding Mistakes: Lawyers prevent you from making statements that could harm your claim or undervalue your damages.
  • Negotiation Skills: Legal professionals are skilled negotiators who can advocate for your best interests effectively.
  • Understanding Policy Terms: Our attorneys can interpret insurance policies to determine your rights and coverage entitlements.
  • Documentation Management: Our lawyers handle all documentation and communication with the insurance company on your behalf.
  • Legal Protection: Attorneys protect your legal rights and ensure you are not taken advantage of during negotiations.
  • Litigation Preparation: In case negotiations fail, lawyers are prepared to take your case to court and represent you in litigation.
  • Maximizing Compensation: Our lawyers are familiar with these kinds of injuries and have handled many over the years. This can increase the likelihood of you receiving maximum compensation for your claim.
  • Peace of Mind: Having a lawyer handle negotiations alleviates stress and allows you to focus on recovery without the added burden of dealing with insurance companies.

Contact the Law Office of Frank J. Cassisi, P.C. Today to Discuss Your Trip and Fall Lawsuit

If you have suffered from a trip and fall accident on uneven pavement on Long Island, the Law Office of Frank J. Cassisi, P.C. is here to help. Our experienced attorneys understand the complexities of these cases and are committed to fighting for your rights. We offer a free consultation to discuss your case and provide the legal assistance you need.

Do not navigate this process alone. Call (516) 294 5050 today to speak with one of our attorneys. We are here to guide you through every step of your trip and fall claim, ensuring you receive the justice and compensation you deserve.

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