Trip and Fall Lawyers in The Bronx
Imagine walking down the sidewalk, and your foot catches on uneven pavement or you fall over uncleaned construction site debris. In an instant, your world can be turned upside down. A trip and fall can happen anytime, usually when you least expect it. Trips and falls can cause serious, life-altering injuries that can impact your physical, mental, and financial well-being. If you or a loved one recently tripped and fell, it is essential to consult an experienced Bronx trip and fall lawyer at Greenspan & Greenspan Injury Lawyers to discuss your options.
What Is a Trip and Fall Claim?
A trip-and-fall claim is similar to a slip-and-fall claim. It happens when hazardous conditions such as uneven flooring or pavement, unsecured carpet, or spilled debris cause an injury to another on someone else’s property.
New York law requires property owners, tenants, managers, or anyone controlling the property to maintain reasonably safe conditions for visitors. Failure to do so can result in a negligence lawsuit. However, these claims are often not as simple as tripping on debris, filing a claim, and being awarded money. As the plaintiff, you must prove that the property owner knew about the hazardous condition and failed to remedy it timely.
Duty
First, you must establish the defendant owed you a duty of care to keep you safe from dangerous conditions while on their property. The duty or level of care a defendant owes to a particular plaintiff depends on whether the plaintiff had permission to be on the premises and how they fall within the following classifications:
- Invitee. Invitees are owed the highest level of care because they are expected to be on the property and considered invited and welcomed guests. Examples of an invitee include a hotel guest, a restaurant diner, or a grocery store patron.
- Licensee. A property owner owes a licensee a substantial duty of care but less than an invitee. A licensee is someone on the property for a specific reason, such as a dinner guest or entering a department store just to use the restroom.
- Trespasser. A trespasser is someone who is on another’s property without permission and is owed a minimal level of care. Generally, property owners are only required to avoid willful misconduct or purposeful behavior with the intent of injuring someone.
Our Bronx trip and fall attorney can help you identify your classification and determine whether you have a potential claim against a property owner.
Breach of Duty
After determining the applicable duty of care, you must prove the defendant failed to adhere to that duty. Typically, the plaintiff must show that the defendant failed to adequately maintain the premises and keep it reasonably clear of hazards.
Causation
Once you have established a breach of duty, you must prove that the breach caused your trip and fall and injuries. In other words, you must show that the defendant’s failure to keep their property free from dangers reasonably caused your injuries. Establishing this causal relationship is not always straightforward and can take substantial evidence.
Damages
Finally, as the injured plaintiff, you must prove your damages. You must show that you suffered harm due to the defendant’s negligence. Claiming that you fell and deserve compensation is not enough. You must show you incurred financial loss, such as lost income and medical expenses.
Common Causes of Trips and Falls
A trip and fall can happen for almost any reason. Some are common, while others are not always obvious and are more obscure than you think. Common causes of trips and falls include:
- Uncleaned spills;
- Unsecured carpet or tile;
- Uneven flooring, sidewalk, or pavement;
- Strewn rocks, gravel, or dirt;
- Fallen debris from a construction site;
- Uncleaned clutter;
- Unsecured wires;
- Poorly lit stairs, inclines, or ramps;
- Lack of warning of a potential hazard; and
- Untreated ice or snow.
These examples represent only a handful of potential hazards that could lead to a trip-and-fall claim. If you suffered an injury because of a hazard you do not see listed above, you may still have a valid claim and should consult an attorney immediately.
Types of Trip and Fall Injuries
Even more than the infinite number of possibilities that can cause a trip and fall accident, there are endless potential injuries. Trips and falls can cause injuries you may not immediately think possible but are nevertheless profound. Many injuries will range from temporary and minor to more moderate in severity, while others can be permanent and life-altering.
Common injuries can include:
- Fractured bones (e.g., broken hip, leg, wrist, or arm);
- Scrapes and lacerations;
- Contusions (i.e., bruises);
- Concussions;
- Other traumatic brain injuries;
- Neck and back injuries;
- Soft-tissue injuries;
- Spinal cord damage;
- Wrist or ankle sprains and
- Chronic pain.
Any injury can change your life. Our Bronx slip and fall attorney is here to listen and advise you of your legal rights and options.
Steps to Take After a Trip and Fall
The unexpectedness of a trip and fall can make you feel hurt, scared, and even a bit embarrassed. In that moment, figuring out what to do next can feel overwhelming. While every situation is unique, following these four steps can help ease uncertainty.
Get Medical Attention
Seeking appropriate medical attention involves more than just initial emergency room care. It is essential to follow all E.R. doctor’s medical advice and referrals. You may need to see an orthopedic physician or another specialized doctor. Be sure to seek and continue with all necessary medical treatments and keep all records.
Document Potential Evidence
If you can, document what you can at the trip and fall scene. The most efficient way to do this is to snap photos of the overall area, the hazard itself, and your injuries with your phone. You can also jot down the presence of any potential video surveillance or eyewitnesses.
Report the Accident
Even if you do not initially request or require a police or EMS response, you should still report the accident to the property owner or manager. You want to put them on notice of what transpired.
Contact a Bronx Slip and Fall Attorney
Consult a seasoned Bronx trip and fall lawyer as soon as possible to discuss your options. Injuries often worsen over time, so it is important to preserve your rights even if you initially think you walked away with only minor injuries.
How Long Do You Have to File a Trip and Fall Claim in The Bronx?
Generally, you only have three years from your trip and fall accident to file a civil lawsuit for damages. However, important exceptions to the rule can substantially shorten your time to file your claim. On the other hand, in some instances, the statute of limitations for filing can be tolled or paused, allowing additional time beyond three years to initiate your case. A Bronx trip and fall lawyer from Greenspan & Greenspan can guide you on your specific circumstances.
Greenspan & Greenspan: Attorneys for Slip and Fall Accidents
At Greenspan & Greenspan, we have over 30 years of experience helping clients injured in trip and fall accidents around New York. We are known as staunch advocates for our clients. Handling a claim on your own can be challenging when you are dealing with medical bills and healing from your injuries. A Bronx slip and fall lawyer at our firm can help you navigate the complex legal process of getting you the compensation you deserve. Contact us today to schedule a no-cost, no-obligation case consultation.