Slip and fall accidents are far more common than most people realize. Over one million Americans suffer a slip, trip, or fall injury each year. This often results in severe pain, high medical bills, and even lost wages. While these terms are often used interchangeably, from a legal perspective, there is an important distinction between a slip and fall accident and a trip and fall accident. The experienced New York City personal injury attorneys at Hach & Rose, LLP can help you understand the complexities of premises liability law.
How Are Slip and Fall vs. Trip and Fall Accidents Different?
A slip-and-fall accident happens when you lose your footing due to a slippery or unbalanced surface, causing you to fall backward. Common causes of slip and fall accidents include wet floors, icy sidewalks, spilled liquids, and loose floorboards or carpeting. These accidents often result in injuries to the back, tailbone, and head, such as herniated discs, fractured vertebrae, and traumatic brain injuries.
In contrast, a trip-and-fall accident happens when your foot catches on an object or uneven surface, causing you to stumble forward. Typical hazards that lead to trip-and-fall include cracked or uneven sidewalks, unmarked steps, obstacles left in walkways, electrical cords across walkways, and inadequate lighting. Victims of trip and fall accidents frequently suffer injuries to their hands, knees, face, and teeth as they try to catch themselves during the fall.
Why the Distinction Matters
While the difference between a slip and fall versus a trip and fall may seem like a minor detail, it can impact your legal case. Consistently reporting the type of fall you experienced is essential to maintaining credibility throughout your slip, trip, and fall claims process. Mixing up the details or changing your story may undermine your case and make it harder to obtain the compensation you need to recover.
The type of fall you suffered should align with the conditions that caused the accident. For example, if you claim you slipped on a wet floor but have injuries consistent with a trip and fall, it may raise questions about the validity of your case. By accurately describing the incident and the conditions that caused it, you can help establish causation and demonstrate that the property owner is responsible for your injuries.
The distinction between a slip and fall versus a trip and fall can impact the types of compensation you seek. Different injuries may require different forms of compensation. This includes ongoing medical treatment, home modifications, or additional money for greater or longer-lasting pain and suffering. An experienced attorney can help you assess the full extent of your losses based on the specific nature of your accident.
What to Do After a Slip or Trip and Fall Accident
If you’ve been injured in a slip and fall or trip and fall accident, your priority should be to seek medical attention. Even if your injuries seem minor, getting a thorough evaluation from a healthcare professional is essential. Not only is it important that you receive proper treatment, but seeing a doctor will also provide a medical record of your injuries. This can be used as evidence in your legal case to link your injuries to the fall, providing trip injury.
Next, document the scene of the accident. Take photos of the hazard that caused your fall. Gather contact information from any witnesses who saw the incident occur. Report the accident to the property owner or manager, and obtain a copy of the incident report if possible.
Finally, contact a personal injury attorney who has experience in premises liability cases. A skilled lawyer can help you understand the complex legal process, gather evidence to support your claim and negotiate with insurance companies on your behalf. Don’t hesitate to seek legal guidance. The sooner you have an advocate on your side, the better protected your rights will be. Additionally, lawyers can negotiate slip or trip, and fall settlements can result in receiving quicker trip or fall compensation.
Premises Liability Law in Slip and Trip and Fall Cases
Both slip and fall and trip and fall accidents are premises liability cases. Property owners have a legal duty to maintain safe conditions on their property and warn visitors of any known hazards. When they fail to uphold this duty of care, they can be held responsible for any resulting injuries.
To build a premises liability case, your attorney will need to prove that the property owner knew or should have known about the dangerous condition. They also will have to prove that they failed to take reasonable steps to address it and that the hazard directly caused your injuries. They will also need to demonstrate the extent of your losses, taking into account your medical bills, lost wages, pain and suffering, and any other losses you incurred due to the accident.
In some cases, the property owner could argue that you were partially at fault for the accident. They may claim you were distracted or ignoring posted warning signs. However, even if you bear some responsibility, you may still be able to recover compensation under New York’s laws. An experienced premises liability attorney can help you fight against these allegations and protect your right to fair compensation.
Seeking Justice After a Slip or Trip and Fall Accident
What should I do if I tripped and fell and injured myself? Understanding the distinction between a slip-and-fall versus a trip-and-fall accident is essential if you’ve been injured on someone else’s property. By accurately reporting the details of your incident and seeking immediate medical attention and legal guidance, you can build a strong case for the compensation you deserve.
At Hach & Rose, LLP, our dedicated New York City slip and fall attorneys have comprehensive experience handling slip and fall cases and trip and fall lawsuits. We can investigate these accidents, gather evidence, and manage the complex legal process to achieve the best possible outcomes.
If you or a loved one has suffered a slip, trip, or fall injury, contact our firm for a free consultation. Our knowledgeable attorneys can listen to your story, assess your case, and provide customized guidance on your legal options. Let us fight for the compensation you deserve while you focus on your recovery from slip and trip claims. Call us at (212) 779-0057 or contact us online to schedule your free consultation.