Walking down Broadway, a restaurateur from another area is curious about
some local eateries in this unfamiliar town. The waterfront area seems
like a good place to start. Rounding a slight corner and approaching his
destination, the restaurateur trips and falls on a portion of cracked
and uneven sidewalk cement.
The embarrassment of falling is the least of the gentleman’s worries.
As he rises to his feet, he experiences tremendous pain in his foot and
arm. Later that evening, doctors at the hospital inform him that he has
a foot fracture and a wrist fracture.
This fictional story is not a far stretch from what actually can and does
happen to trip and fall victims. Onlookers to these incidents might think
tripping and falling is funny. But they are no laughing matter. In fact,
a large amount of
trip and fall accidents do lead to serious injury. Foot fractures, arm/wrist fractures, shoulder
fractures, facial damage and even skull fractures are common to these
Experienced Newburgh trip and fall accident attorneys are sensitive to the victims of trip and fall accidents. Victims should
know that the rules of premises liability in New York are on their side.
The owners, public or private, of property must keep their property in
a reasonably safe condition.
Failing to repair damage, and even failing to warn people of the danger,
is tantamount to negligence. All owners must inspect their property. Hazards
must be timely repaired and visitors should be alerted to potential danger.
Breaching this duty can give rise to liability.
Knowing that there is legal recourse is the easy part in
premises liability cases. Determining the proper party to sue is a bit more difficult. Sidewalks
are owned by governmental entities. So at first thought, injured pedestrians
might think that the government is responsible for their injuries. Sometimes,
this will be true. Other times, another party will be responsible.
This is because some towns and cities place the onus on property owners
adjacent to the sidewalks to maintain the safety of the sidewalk. It may
make a difference if the property adjacent to the cracked sidewalk is
residential versus commercial.
Further complicating the matter, the procedural requirements for commencing
suit against the government are different than that which is required
when suing nongovernmental actors. The trip and fall victim must act in
an expeditious manner when suing the government.
Learn more about injuries caused by winter damage such as potholes and
cracked sidewalks in
our latest article posted here. Read about car accidents caused by potholes in
our recent blog posted here. Learn more about motorcycle accidents caused by potholes in roadway in
our blog posted 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.