Know Your Rights Following a Trip and Fall
A trip and fall accident can happen to anyone, anywhere, and at any time. While they are more common among individuals in certain work settings such as the construction industry, they can happen to everyday business patrons and pedestrians everywhere.
If you suffered a trip and fall, you may find yourself battling serious injuries, medical expenses, lost wages, and other damages. When these types of accidents occur due to the negligence of another party, as a victim, you may be entitled to compensation.
At the Kohn Law Firm, our legal team is committed to representing victims of trip and fall injuries in The Bronx. Read on to learn more about trip and fall cases, their causes, their different legal elements, and possible outcomes. To learn more about your rights and options following a trip and fall, contact our legal team today and get a consultation on your case.
Causes of Trip and Fall Accidents:
Trip and falls can happen for a variety of reasons. However, they often occur when a business does not do a good job of ensuring its facility is safe and free of hazards for its patrons. Common causes for trip and falls include but are not limited to the following:
- Uneven surfaces, such as cracked or broken pavement, potholes, or raised sidewalk edges.
- Obstructed pathways including cluttered walkways or objects that are in the way.
- Poor lighting, dimly lit areas, or broken light fixtures.
- Hazardous conditions including loose carpets, torn rugs, or loose tiles.
Who Is Responsible if You’ve Suffered a Trip and Fall?
If you suffered a slip and fall, you may be considering legal action for your injuries. Determining who is responsible for your fall depends on a couple of legal concepts. Among these concepts are whether a defendant was responsible for your safety and whether they failed to keep you safe.
Duty of Care
Every employer, business establishment, and individual in certain circumstances has a duty to exercise reasonable care to prevent accidents from happening. Business establishments have a duty of care to provide a safe and hazard-free facility. If a hazard does exist, then that business should provide proper warning in the form of signage or blockades to alert people that there is a hazard.
Breach of Duty
When a defendant breached their duty of care, they essentially failed to take reasonable precautions to keep you safe, therefore contributing to your accident occurring in the first place.
Trip and fall lawsuits also have to show causation in order to be successful. Causation essentially means that the defendant’s breach of duty was the direct cause of your injuries. If causation exists, then a defendant can be held liable for their negligence, whether the hazard was something they created, knew about, or should have known about.
Finally, as a victim, you have to prove that you have suffered actual damages. These can include physical injuries, medical expenses, lost wages, or pain and suffering.
What Damages Are Associated with Trip and Fall Cases?
If you can prove all the legal elements required to bring a trip and file a civil lawsuit, then you could be entitled to compensation for your injuries and pain and suffering. This compensation can be broken down into the following damages:
These types of damages are entitled to put you back into the financial state you were in before the accident occurred. This means a defendant can be held responsible for paying back all monetary, calculable losses including but not limited to:
- Medical expenses
- Therapy and rehabilitation expenses
- Lost wages, loss of income, diminished earning capacity
- Property damage
- Business losses
Unlike economic damages that are designed to compensate you for your financial losses, non-economic damages are designed to compensate you for any pain and suffering you have had to endure. These losses can be difficult to calculate and can vary depending on your injuries. Examples of these damages include but are not limited to:
- Pain and suffering
- Emotional distress
- Mental anguish and trauma
- Loss of consortium
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of reputation
Speak With a Personal Injury Lawyer
Trip and fall accidents can result in serious injuries and damages. If you have been the victim of a trip and fall due to the negligence of another party, you may be entitled to compensation.
If you have suffered financial loss or pain and suffering following a trip and fall in The Bronx, turn to the team at the Kohn Law Firm. We are committed to serving victims who have been injured due to the negligence of another, and we are committed to representing you so that you get the justice and restitution you deserve.