Slip, Trip or Fall
Most of the time, you can get through life’s minor mishaps with barely a scratch. But now and then, you may be seriously hurt in an accident that comes about as a result of a dangerous condition you were not aware of. A slippery floor, a broken handrail on a stairwell, or an abrupt change in floor elevation can cause a person to trip or fall, resulting in broken bones or even more serious injuries. If you have been injured as a result of a fall caused by a dangerous condition on another person’s property, you may be able to obtain damages for your injury in a premises liability suit. The Queens slip and fall injury attorneys at the Cassisi Law Firm have over 30 years of experience assisting personal injury victims to obtain the damages to which they are legally entitled.A Slip and Fall Injury May Give Rise to Premises Liability
If you are injured as the result of an unsafe condition existing on another person’s property—usually a business—you may be entitled to damages for your injury from the owner of the premises or the business proprietor.
Premises liability is a type of negligence tort. In general, four factors are needed to show negligence: first, the defendant owed a duty of care to the plaintiff; second, the defendant breached that duty; third, the breach resulted in an injury; and fourth, the plaintiff suffered damages.
For premises liability specifically, the plaintiff must, in addition, show that:
- He was on the property lawfully (for example, shopping or hired to perform a job);
- The owner or proprietor of the property knew or should have known of an unsafe condition on the property;
- The owner failed to adequately repair the condition, block it off, or provide a warning; and
- The unsafe condition brought about the injury.
It is important to note that the plaintiff must be lawfully on the property. A trespasser is not owed a duty of care, although there are some exceptions: specifically, if the owner knows of the trespass and lets the person remain, or, in the case of children, if the proprietor maintains an “attractive nuisance” on the property that he knows or should know would entice children to trespass (for example, a fishing pond or a playground set that is not fenced off).
The policy behind premises liability is to make sure that business and property owners take appropriate care to protect the public from foreseeable harms that occur as a result of hazardous property conditions. Typical cases are slips, trips, and falls that come about from holes or ditches; uneven pavement or flooring; oily, wet, or icy surfaces; or wires, cables, or other low trip hazards. However, premises liability can come about from other types of dangerous conditions, including:
- Unsecured objects or structures that fall;
- Hanging or protruding objects or structures;
- Unguarded or improperly guarded heights;
- Poorly designed ramps or stairs;
- Cluttered walkways;
- Insufficient lighting;
- Defective furniture or other design appointments; and
- Inadequate security, such as failing to hire a security guard for a high-crime area.
Premises liability law, like all negligence law, employs a standard of “reasonableness,” and this standard applies both to defendants and plaintiffs. If a reasonable and prudent landowner could not have known of the dangerous condition and remedied it, then the landowner may not be liable: owners are not insurers of all who come on their property; rather, the law requires them to prevent only that harm that is foreseeable and preventable. Similarly, if a plaintiff is fully aware of a dangerous condition and foolishly injures himself, he may be barred either partially or fully from recovery.We Can Evaluate Your Premises Liability Claim
If you have been injured on someone else’s property and believe you may have a case for premises liability, contact Queens slip and fall lawyer John Cassisi. Over the last three decades, the Cassisi Law Firm has assisted many personal injury clients throughout Queens, the Bronx, and Brooklyn, as well as in Nassau and Suffolk Counties, to obtain damages for their personal injuries. Call us at (718) 441-5050 for a free, no obligation consultation to find out how we may assist you, or use the online contact form on this website.
- Children on Property
- Defective Property Conditions
- Swimming Pool Accidents
- Negligent Security
- Inadequate Maintenance
- Trip and Fall on Broken Sidewalks
- Retail Store Liability
- Electric Shock
- Restaurant Liability
- Snow and Ice Accidents in Parking Lots
- Snow and Ice Accidents on Retail Property
- Falling Merchandise