What are trip and fall accidents? Simple; as the name implies, they are accidents in which someone has been significantly injured by tripping and falling. Below are five key facts you should know.
First, property owners in both New York and New Jersey are responsible for keeping their property in reasonable condition. They can be liable if an accident results in injury and was caused by a condition that they either knew existed or should reasonably have known existed. This could be (but is not limited to):
- Situations where there was inadequate maintenance of a sidewalk or other walking area, such as broken concrete, holes, or uneven surfaces;
- Situations where there was not adequate light to see, such as in stairwells or hallways;
- Situations where there was snow and ice causing a hazard and not removed at a reasonable time after a storm;
- Situations where there was liquid or other slippery material on a floor not removed after a reasonable time, such as water or spilled food in a restaurant.
Two, there is often a period of time in which a claim needs to be filed. In New York, that period is 3 years. In New Jersey, it is 2 years. After that, you cannot bring a charge.
Three, there is usually a much shorter time to give notice that one intends to proceed with a claim. Usually, if you have been injured, you must bring notice within 90 days.
Four, in New York and New Jersey, both property owner and injured party can be held responsible for injuries under a law called comparative negligence. A jury or insurance company representative hears the facts and awards any damages in a proportion that reflects their judgment of responsibility.
Because of the complexity of the premises liability law that determines the law in slips and falls, it is advisable to consult with an attorney. At D’agostino & Associates, we will fight vigilantly to see that justice is done.
To talk more about this, or anything else, please contact us. Thanks.
