Most of us have slipped or tripped and fallen down. Usually, the only result is temporary embarrassment or feeling like a “klutz”.
But slip, trip and fall injuries can sometimes have devastating consequences such as fractures, chronic pain, and loss of income.
These injuries can happen anywhere: snow or ice in a driveway or parking lot; an uneven or cracked sidewalk; a loose and wobbly staircase; a slippery floor or carpet in a shopping mall, store or supermarket; a malfunctioning elevator or escalator.
In New York, property owners have a duty to keep their properties in a reasonably safe condition; which means free from hazardous or dangerous conditions that can lead to slip, trip and fall injuries. In some situations, even a non-owner of the property, such as a store operating out of a leased building, can be held responsible for creating or permitting a dangerous or hazardous condition to exist.
In some cases, such as a slick supermarket floor that’s just been mopped clean, the store operator and/or property owner must warn customers (“Slippery When Wet”) of the dangerous condition.
Places of business (like shopping malls, drug stores, theatres, hotels and banks) are held to an even higher safety standard because they have invited the public onto their property.
Sometimes, a slip, trip and fall injury happens in someone’s home, their yard or driveway. Typically, a homeowner’s insurance policy will provide coverage for claims and settlements for injuries caused by a dangerous condition on private property. If you’ve been hurt, don’t waste precious time. Contact attorney Tim Higgins at Lemire & Higgins, LLC at 899-5700 or tjh@lemirelawyers.com. The call and consultation are free. There is no attorney’s fee unless L&H recovers money for you.
Homeowner’s insurance typically covers “dog bite” claims; where there must be evidence that the dog had a history of at least one bite or attack, and that the owner of the dog and/or property knew about the dog’s history.
To win a slip, trip and fall or “dangerous condition” case, the evidence must also show that the property owner was on notice of the hazard. The property owner won’t be held responsible to fix the dangerous condition or give a warning about it unless there is proof of notice.
An immediate and complete investigation of a slip, trip and fall injury can be the difference between winning and losing your case. Witness statements, photographs, and other evidence must be collected as soon as possible.
If you’ve been hurt, don’t waste precious time. Contact attorney Tim Higgins at Lemire & Higgins, LLC at 899-5700 or tjh@lemirelawyers.com. The call and consultation are free. There is no attorney’s fee unless L&H recovers money for you.
