What Juries Will Consider in a Trip and Fall Accident

trip and fall accident

We all have a responsibility to be careful and watch where we are going. A property owner needs to show reasonable care in the maintenance of their property. Many victims suffer serious, life-altering injuries that can result in wrongful death. A trip and fall injury is a common occurrence, with thousands of claims made each year.

A property owner has an obligation to keep their property in safe condition. If proven that a property owner was negligent and should have known about the dangerous or defective condition that caused the trip and fall, you may be compensated for your injuries.

Here are a few questions you need to be aware of and answer when filing your claim. These are questions that juries will consider. This will help you know what to do in the event of a trip and fall accident.

  • Did the property owner use their common sense?
  • Was there something the property owner “should have known” was dangerous?
  • Did the property owner use reasonable care to keep the property safe?
  • Did you trip over a broken or uneven area of carpet or floor, or slip on a wet area? If so, had the place been in a dangerous condition long enough to hold that the owner “should have known” about it?
  • Has any accident happened there before?
  • Is there a schedule in place for regular maintenance and cleaning or repairing of the premises? If so, what proof does the owner have of this regular maintenance?
  • If you tripped over an object someone placed or left on the ground, was there a good reason for the object to be there?
  • If there was a good reason for the object to be there, but that reason no longer existed, could the object have been removed or covered or otherwise made safe?
  • Was there a safer place the object could have been located?
  • Could a barrier have been created to warn people of a potential danger?
  • Did poor or broken lighting contribute to the accident?

If the answer to one or more of these questions is yes, you may have a claim for compensation. In turn, you need to consider if your actions contributed to your accident. Consulting a trip and fall attorney will help you determine whether you should claim compensation from the property or business owner. Every trip and fall accident is unique, and it is best that you hire an experienced slip and fall attorney to handle your case

Marvin A. Cooper, P.C.

The goal of Marvin A. Cooper, P.C. is to help all our trip and fall accident clients find the justice they deserve and obtain the compensation they are entitled to for their losses and suffering. Our office will provide the advocacy that will best help you – whether through effective client counseling, providing sound legal advice, or making oral arguments in court on your behalf at the trial. For free legal consultation call (914) 357-8911 and (718) 619 4215 or email whc@cooper-law.com.

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