Trip and Fall Accident Lawyers

In a trip, your foot is stopped by something: a raised sidewalk flag, a broken step, a curb, a cord or a box. In a slip, your foot loses traction on water, ice or a polished surface. Trip hazards are often lasting defects, so the questions are how big and how visible the defect was and who had to repair it. Slip hazards are often temporary, so timing and notice dominate.

Sometimes. In New York City the abutting private owner is usually responsible for the sidewalk. The City may be the defendant for a sidewalk next to a one-, two- or three-family home that is owner occupied in whole or in part and used exclusively for residential purposes, or for a City-maintained street, crosswalk or curb, generally only where it had prior written notice of the defect and 15 days to fix it. A 90-day notice of claim also applies.

Get medical care and tell the provider how you fell. Only if it is safe, without stepping back into traffic or onto the hazard, photograph the defect close up and from a distance, with something for scale such as a ruler or coin beside the raised edge, and note the address or nearest building. Keep your shoes, write down witness names and report the fall to the owner or manager if it happened on private property.

Against a private owner or business, generally three years. Against the City of New York, a notice of claim within 90 days and suit within one year and 90 days. Claims against the State go to the Court of Claims with a 90-day rule, and public authorities have their own statutes. Because the sidewalk owner and the City follow different rules, find out who owns the adjoining property early.

Generally that the defect made the area unsafe, that the defendant was responsible for that spot, that it created the defect or knew or should have known about it in time to repair it or warn you, and that the defect caused your fall. Where the City’s prior-written-notice rule applies, that notice is usually also required.

Usually yes. Your share of fault generally reduces the damages in proportion rather than barring the claim (CPLR 1411). If the owner says the defect was open and obvious, that is mainly treated as a question of your comparative fault rather than an automatic defense.

Medical expenses, lost earnings and earning capacity, out-of-pocket costs, and pain and suffering, including scarring and loss of enjoyment of life. What a case is worth depends on the injury, the medical proof and the strength of the proof about the defect and notice.

Because people usually fall forward, wrist, elbow and shoulder injuries from breaking the fall are common, along with facial and dental injuries, knee injuries, hip fractures and head injuries. Get examined promptly, even if the injury seems minor.

No, but there is no minimum size either. New York courts have rejected any fixed height or depth rule. A small defect can be actionable when its shape, appearance, location, lighting or surroundings make it hard to see or hard to walk over safely. Courts look at all the facts, including the time, place and circumstances of the fall.

Not before your injury and your claim are understood. A settlement usually means signing a release that ends the claim for good, even if you later need more treatment. Have any offer reviewed against your medical records and losses. The decision to settle is always yours.