Slip and fall cases have become synonymous with fakery in our society. Most of the time, this is not the case. A New York Injury Lawyer said real injuries that are painful and life changing can come as the result of a slip and fall anywhere. When it happens as the result of another person’s negligence, it needs to be handled in a court of law. However, it is important that the person who was injured is able to explain what happened and why the incident was not just a simple accident. In order for the slip and fall to be heard in a court of law, the person who fell must be able to show that there was negligence involved concerning the property owner, manager, or their trustee. Without that ability, there is not a case.
One case that occurred in a New York building in Queens County on May 26, 2010, involved a man who fell going down the stairs in the building. He filed an action to recover damages for the personal injury that he sustained. However, when he testified under oath, he stated that he did not know what happened when he fell. He stated that one minute he was putting his foot down and the next that he was flying up into the air. He stated that he did not remember the fall and could not state if his foot hit the stair before he fell or not. All that he was able to recall was that he had been going down the stairs and then he tripped and fell (trip and fall).
They were able to show in court that the engineers report stated that there were unsafe conditions in the staircase where the accident occurred. However, the defendant did not connect these unsafe conditions to his accident. Because he failed to connect the unsafe conditions with any reason as to the cause of his accident, the court is unable to presume that the unsafe conditions were the cause of the accident. The law states that it is the complainant’s responsibility to show the court that the accident was a result of negligence or treachery. A Nassau County Personal Injury Lawyer said that in this case, when the complainant gave his deposition to the court, he did not make that connection. Merely presenting a situation that might have been the cause is not enough to raise a triable issue of fact in a court of law.
The building owner’s attorney specifically asked the complainant in the deposition if the fall was caused by the step being slippery or if the step was cracked and that may have caused the complainant to fall. The complainant stated that he did not know. That means that the fall could have occurred as the building owner’s attorney suggests by the man simply misstepping. The fall could have been caused by a loss of balance. If these are the causes for the injury, then the building owner is not responsible. The fact that there are unsafe conditions present is not relevant unless it can be shown that these unsafe conditions contributed to the fall. A New York City Personal Injury Lawyer said if the man had testified that the step was cracked, and had given way beneath him, and the engineer’s report stated that the step was in deed cracked, then there would have been a triable issue of fact. This did not prove to be the case in this accident where the man could not remember exactly what had caused him to fall.
At Stephen Bilkis & Associates with its Personal Injury Lawyers, there are convenient offices throughout New York and Metropolitan area. Do not suffer if you were injured because of the negligence of others. Our Personal Injury Attorneys can provide you with advice to guide you through difficult situations. Any time that you are injured because of the negligence of others, it is important to obtain an attorney’s advice. You can help protect other people from becoming injured by the same or similar circumstances.