Numerous New York pedestrians are injured each year by slipping or tripping on a defective area on another’s property resulting in serious injuries. Usually the cause of the fall is a defect in a sidewalk, floor, stair or other part of another’s property causing the person to fall. The owner or operator of the premises is responsible to maintain the premises in a reasonably safe condition.  If the owner or occupier of the premises fails to do so, and the failure causes an injury, then the injured victim may be able to recover for injuries and losses sustained.  Success in a premises liability case is based upon the injured party proving either that the defendant created the dangerous condition that led to the accident, or knew or should have known about the danger and failed to correct it after a reasonable period of time.

     Photographs should be taken as soon as possible of the defective condition because circumstances frequently change. When pictures are taken it is very important also for the injured victim to be present when the photographs are taken, if possible. Photographs of the scene should include not only the defect itself but also surrounding areas including landmarks so that the defective area can be located.
   

     Comparative negligence is always a major issue in a trip/fall case. Under the law, any negligence on the part of the victim that contributes to the happening of the accident will be determined by the jury and that percentage deducted from the overall damages awarded.  New York law requires all people to use reasonable care in watching where they are walking.  Additionally, if a condition is so open and obvious that anyone using his senses would see it and avoid it, New York law will bar recovery to the injured victim.

      In you are injured on a sidewalk or street owned or maintained by a municipality, special rules apply. Most municipalities (cities, towns, villages) have prior written notice laws. This means that the municipality is not liable for the defective condition in a public street or sidewalk unless the condition was previously put on notice in writing and the municipality then failed to correct it. Additionally, when making a claim against a municipality it is generally required to give a written notice of the claim within ninety (90) days after the accident, following very specific requirements including the date and time of the accident, the manner in which it occurred, the exact location and the nature of the injuries sustained. It is critical to have an attorney prepare the notice of claim.