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Slip/Trip and Fall
Accidents |
"Slip and fall" or "trip and fall" are the general
names for accident cases caused when a person slips or trips and falls
on a floor, sidewalk, stair or other surface. It is important to understand
that not every fall will result in a large monetary settlement, but if
you suffer an accident due to someone else's negligence, you may be entitled
to recover for your damages.
Causes of a Slip/Trip and Fall Accident
Accidents on Private Property
Accidents in the Workplace
Accidents on a Public Street
Who Pays for Medical Bills and Damages
Causes of a Slip/Trip and Fall Accident
Common causes of accidents that give rise to liability include:
- An uneven floor,
- An unseen danger, such as a hole covered by a rug,
- Poor lighting,
- A slippery floor surface,
- Liquid or other materials on the floor surface creating a dangerous
situation,
- Uneven sidewalk, curb, street or manhole cover.
Accidents on Private Property
As a general rule, the owner of the property, whether it is a house,
building, parking lot or other premises, is responsible for injuries resulting
from a slip/trip and fall accident on the property.
An occupier of the premises, such as a tenant in an apartment building
or a storeowner who leases a store, may also be liable for injuries if
the occupier has control over the premises where the injury occurred.
However, the specific circumstances surrounding a slip/trip and fall
accident are important in determining who may be legally responsible for
injuries.
Accidents in the Workplace
Under workers' compensation (workers' comp) laws, employers are held
strictly liable for injuries suffered by employees in the workplace. In
return for this strict liability, the amount of damages an employee can
recover for injuries is limited.
Specific laws governing the liability of employers often cover a slip/trip
and fall accident occurring in the workplace and include:
- The Federal Occupational Safety and Health Act (OSHA)
- State workplace safety laws
- In New York, workers' compensation laws
Accidents on a Public Street or Sidewalk
In certain circumstances, local municipalities, state and Federal agencies
will be responsible for keeping premises safe. For example, the City of
New York is responsible for maintaining a building it owns. If you slip
or trip and fall on a broken floor inside or on a sidewalk in front of
the city's building, the City government may be liable for your injuries.
However, there are strict rules applying to lawsuits brought against
federal, state and local governments. The City of New York may not be
held liable for slip/trip and fall injuries unless they were previously
notified of the defect that caused the accident (on
notice); and a notice of claim concerning your accident was filed
with the proper agency within ninety (90) days of the accident. The agency
you file with is determined by who is responsible for the property where
the accident occurred. For example, if the accident took place in a school,
the claim should be filed with the Board of Education. If the accident
took place on the stairs of a subway station, the claim would be filed
with the Metropolitan Transit Authority.
Who Pays for Medical Bills Related to Injuries from
a Slip/Trip and Fall Accident
If the injured party has health insurance, then that coverage would extend
to medical bills associated with the accident. However, it is possible
the health insurance provider will seek to be reimbursed from the injured
party pursuant to any monetary settlement related to the claim.
If the injured party has no health insurance, then medical treatment
could be provided on a lien
basis. In this situation, medical treatment is provided and billing is
held until after the claim is settled. At that time, medical bills are
paid from any settlement the victim receives.
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