When an individual suffers a trip and fall injury, the consequences are
potentially devastating. A trip and fall can cause an individual suffer
severe injuries, such as broken bones, brain injuries, and in some cases
death. These injuries, can force victims and their families to suffer
a number of hardships. Victims and their family may face serious financial
hardships following a trip and fall injury, such as lost wages from time
missed at work and costly medical bills which exceed insurance coverage.
Furthermore, the aforementioned injuries may also cause emotional hardships.
When the victims injury was the result of another party's negligence,
they may be able to file a lawsuit to recoup damages. At Queller, Fisher,
Washor, Fuchs & Kool, our New York trip and fall lawyers have been
representing seriously injured individuals for over 50 years. We have
seen first-hand the hardships that victims may face following a trip and
fall accident. As a result, we pursue maximum compensation for all of
If you or someone you love has suffered a trip and fall injury, you may
have grounds for a lawsuit. For a free review of your legal options, call
212-406-1700 or contact us online. Queller, Fisher, Washor, Fuchs &
Kool will review your claim to see how we may be able to help you.
Do You Have Grounds for a Trip and Fall Lawsuit
While trip and fall accidents can cause serious injury, not all incidents
necessarily present grounds for a lawsuit. In order to have a valid trip
and fall claim, all of the following must be true:
Negligence: In order to have a valid claim the victim must be able to prove that negligence
caused their injury. Negligence occurs when an individual or entity breaches
a duty of care. A duty of care is a legal obligation that one party has
to another party to act with a certain degree of caution when performing
potentially dangerous tasks. For instance, if an individual trips and
falls on a defective sidewalk, the owner or lessee whose property is adjacent
to the sidewalk may have been negligent if the defect was present long
enough for them to have been aware of it.
Causation: Negligence in and of itself does not present grounds for a lawsuit. In
order to have a valid claim, the responsible party's negligence must
have been directly responsible for the injury. In example: if an individual
trips, falls, and suffers an injury on a defective sidewalk, they only
have grounds for a claim if the defect caused the accident. If the victim
falls on the sidewalk, but the defect did not directly cause the fall,
they would not have grounds for a claim.
Damages: In addition to negligence and causation, the injury has to have caused
the victim damages for them to be eligible for compensation. Damages are
classified as any economic or non-economic loss. Economic damages are
any financial hardship caused by the injury, such as lost wages, damage
to future earning potential, or high medical bills. Emotional distress,
loss of life's enjoyment, and any pain and suffering related to the
accident qualify as non-economic damages.
Common Causes of Trip and Fall Accidents
While not all trip and fall accidents are the result of negligence, there
are some that are more likely to present grounds for a lawsuit. The following
are among the most common causes of trip and fall accidents that lead
- Broken stairwells
- Falls on broken pavement
- Uneven rugs or carpets
- Tripping on fallen merchandise at grocery and convenience stores
- Unmarked curbs or steps
- Missing handrails
- Insufficient lighting
- Exposed cables or wires
Any of the aforementioned causes of a trip and fall accident may be the
result of negligence. Injured individuals should remember, however, that
in order to file a claim, they must be able to prove that there was in
fact negligence and that it was directly responsible for their injury.
The Importance of Hiring an Attorney
Due to the large burden of proof placed on trip and fall victims, premises
liability cases can be complex to try. As a result, having an attorney
with experience in premises liability cases if of the utmost importance.
A skilled lawyer will handle all aspects of the case for the victim, including
investigating the scene of the fall, interviewing any and all witnesses,
and filing the lawsuit. Additionally, a skilled attorney will be willing
to fight for justice and maximum compensation at trial. At Queller, Fisher,
Washor, Fuchs & Kool, our New York City trip and fall attorneys have
decades of combined experience representing seriously injured individuals
in premises liability lawsuits. Our firm has a history of continued success
trying these types of cases. We have recovered numerous large verdicts
and settlements for trip and fall victims, many of which have been for
over $1 million.
Have you or someone you love suffered a serious injury after tripping and
falling? If so, you may be eligible to receive compensation for any damages
incurred by your fall. For a free review of your legal options, call 212-406-1700 or
contact us online. Our firm will review your case to see what compensation may be available to you.