Falldown Accidents

What causes slip/trip and fall accidents?

Of the many causes of such accidents the most commons causes include:

  • pavement defects- broken/cracked sidewalks and potholes;
  • depressions, holes and uneven surfaces in floors, sidewalks, and other walkways;
  • worn/torn carpeting;
  • poorly maintained stairways- uneven steps, no handrails;
  • poor lighting;
  • snow and ice accumulation;
  • strewn debris left in a walking area;
  • slippery substances left on floor (very often in restaurants and markets);

What should I do if I have been involved in an accident involving a trip (or slip) and fall?

If necessary, seek medical treatment immediately. Note the date, time, and precise location of the fall as well as the conditions which contributed to your fall. Take down the names and contact information of any witnesses who were present when you fell. Also, take note of what you were wearing at the time of the accident (and do not throw out any clothing you were wearing even if it was damaged in the fall).

As soon as you can, report the incident to the property owner or tenant. When reporting the incident, do not blame anyone (including yourself) for the incident.

As soon as you can, return to the scene of the accident and take pictures (or have someone else take pictures) of the area and of any conditions causing your fall.

What if the fall took place on property owned by New York City or some other municipality?

A claim must be formally and properly filed WITHIN NINETY (90) DAYS or your case is highly likely to be lost. If you suspect a municipality was involved in your accident, you should CONTACT MR. KAMINSKI'S OFFICE IMMEDIATELY.

Who is responsible for my trip (slip) and fall accident?

The property owners and his agents can be held legally responsible for your accident under certain circumstances. For example, if they created the dangerous conditions (or knew about it) and failed to fix it or otherwise take steps to safeguard the area. Also, even if they did not actually know about the dangerous condition, they could still be legally responsible for it if they could have discovered it through routine inspection and maintenance. The lawyers at Mr. Kaminski's office understand the many legal issues involved in these cases and can determined whether a case can be successfully brought against the property owners and/or their agents.

What if I was partially at fault for my trip and fall accident?

If this is the case, you may still recover money for your injuries in proportion to the fault of the other parties. In other words, if it is determined that you were 50% at fault for the fall and the property owner was 50% at fault, you would be entitled to collect 50% of whatever amount of money is ultimately determined to be fair compensation for your injury.

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