Slip and falls & trip and falls resulting in injuries happen just about anywhere. Our slip & fall attorneys have handled just about every type of slip, trip & fall imaginable.
In NYC slip and fall and trip and fall cases, like most other lawsuits involving a dangerous condition, a plaintiff is required to prove that the defendant had notice, either “actual” or “constructive notice” of the dangerous condition that caused the accident. “Actual” notice can be proven by evidence that the defendant or its employee or agent created the dangerous condition or by evidence that they had actual seen or discovered the condition. “Constructive” notice can be shown by evidence that the dangerous condition existed for a long enough period of time that the defendant should have discovered the condition and removed or repaired the danger.
As a plaintiff needs to prove notice of the dangerous condition it is important to document the condition as it existed at the time of the accident. This is why it is important to get photos of the accident scene as soon as possible and before the dangerous condition is removed-this is especially important in slip and fall cases on ice (which can melt!) or other foreign substances which can quickly be cleaned up. Our sidewalk accident lawyers suggest you use that I-Phone camera! Also, the quicker you contact our firm the quicker we can be at the scene to take professional photos and interview witnesses who may have been aware of the dangerous condition and the events surrounding its creation.
The New York Court of Appeals in Trincere v. County of Suffolk, 90 NY2d 976, 665 NYS2nd 615 (Ct. App. 1997) set forth that there was no per se rule that in a case involving minor defects in pavement, turns upon whether the hole or depression, causing the pedestrian to fall, is four inches-or any other number of inches-in depth. Instead, the Trincere court stated whether a dangerous or defective condition exists …so as to create liability depends on the peculiar facts and circumstances of each case and is generally a question of fact for the jury. So, even if you think the defect that caused you to fall was too small, call us after your accident to discuss our professional opinion as to if you have a case.
When necessary we retain engineering experts who inspect the accident scene and that can testify at trial as to why a condition is not up to the requirements of a particular safety code or is otherwise unreasonably dangerous. Expert testimony can be persuasive evidence of negligence to a jury and is something our firm regularly employs to help establish a case for our injured clients.
Our experience in slip, trip and fall cases have allowed us to obtain outstanding results for our clients over the years. Check out the results section of our web site for a few examples of our success.
There is no fee for any of our services unless we recover money damages for you.