Gray, cloudy skies, vibrant leaves fluttering into a soft blanket on the
lawn; indeed, it was a picturesque autumn day outside. The leaves are
continuing to change color and we know that fall is in full bloom.
The fall season is beautiful, but it can also be fraught with danger.Fallen leaves obscure trip hazards on the ground. Uneven surfaces such
cracked sidewalks, curbs at the side of the road, potholes, uneven lawns, and the like pose
serious risk to people and very easily can cause one to slip, trip, and
fall or otherwise be injured on the premises of another.
Wet leaves are dangerous as well. When fallen leaves become wet, the walking
surface is very slick. Wet leaves are almost akin to nature’s banana
peel, particularly when the leaves are allowed to accumulate on sidewalks.
I am sure that most people have experienced this. As with any wet walking
surface, it is easy to slip and fall. Most people don’t get wet
leaves the respect they deserve such as ice or snow, but wet leaves can
be just as dangerous.
Combine this with the fact that the number of daylight hours is shrinking.
When daylight savings time ends in November, nights will get even longer.
Poorly lit areas are hazardous too. Obviously, darkness limits one’s
ability to see surroundings along with potential hazards. Darkness itself
becomes the hazard as well.
Building entryways are often poorly lit as well and this is where outside
elements such as water and leaves are tracked indoors. Wet leaves can
be even slicker when lying on polished store floors.
Experienced Newburgh slip and fall attorneys are keen to these autumn dangers. You should also know that you have rights
if you slip and fall on someone’s property, residential or commercial.
Specifically, property owners must exercise reasonable care in keeping
their property safe for visitors. The interior of the building, as well
as the outdoor grounds such as lawns, walkways, driveways and parking
areas must be inspected.
Inspections allow property owners to discover hazards so that the danger
can be fixed or at least so that visitors can be warned of the danger.
Property owners should also timely respond to being alerted of a
slip and fall hazard. These activities put the owner on actual notice that a problem exists.
Once on notice, the danger must be remediated.
Another type of notice is constructive notice. This is when the owner does
not have actual notice, but the owner would have been so informed if he
or she took the time to discover the danger, just like any other reasonable
and prudent property owner would do.
If you suffered
a slip and fall accident on someone’s property and the owner knew or should have known that
the danger existed, you can seek compensation for your injuries.
Learn more about slip and fall accidents in the fallfrom the latest article from our experienced attorneys available by clicking here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.