Property owners have a duty to their premises safe. Uneven or unlevel walkways is a hazardous and dangerous condition and is likely to cause somebody to trip and fall. Those responsible for a property’s maintenance and repair are responsible for injuries and losses caused by a fall due to uneven or unlevel ground on the premises. If you or a loved one was injured because of uneven or unlevel ground, then a Bronx fall caused by an uneven ground lawyer can handle your case so that you can obtain compensation for your injuries.
Our goal at Dansker & Aspromonte Associates is to protect your rights and secure the best possible outcome for you and your loved ones. Call Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation.
Property Owners Have a Duty of Care
The New York State Bar Association (NYSBA) outlines the duty of care that property owners have to persons on their premises. It sets forth that “the landowner owes people on their property a duty of reasonable care under the circumstances to maintain the property is a safe condition”.
The Bar Association goes on to cite several “defective conditions” that could give rise to a lawsuit in the case that such conditions cause injury or death. They include:
- Broken, raised or uneven walkway
- Debris on walkway
- Liquid or slippery condition on a walkway that could cause a slip-and-fall injury
- Ice or snow on walkway
- Exposed electrical wiring or cables that constitute a tripping hazard
- Any dangerous condition that may qualify as a “defect” and could cause injury
Uneven walkways are among the defects that may cause a significant injury, with tripping being one of the possible catalysts for injury. If a premises has an uneven walkway, then the owner generally has a responsibility to:
- Pave or repair the walkway so that it is even and safe
- Put up a sign clearly indicating that the ground is uneven
- Paint the walkway in a manner that indicates danger
- Place some form of barrier around the area of the premises that contains uneven ground to prevent anyone from entering the dangerous area
Tripping Accidents Can Cause Serious Harm
The National Safety Council (NSC) cites falls as a cause of injuries in the workplace. However, falls may affect anyone who enters a premises where uneven ground or other hazards are present.
NSC makes two important points:
- Falls are preventable
- One does not have to fall from a considerable height to be seriously injured
Tripping on uneven ground could cause you to fall. If you do, then you may suffer injuries such as:
- Broken ankle
- Broken leg
- Broken wrist
- Broken hand
- Broken hip
- Traumatic brain injury
- Tears of ligaments, tendons and menisci of the knee
- Tears of tendons, ligaments and rotator cuff of the shoulder
These and other injuries that might stem from a trip and fall caused by uneven ground could cause you great pain and suffering. Your losses may extend beyond the physical effects of your trauma, as well. A Bronx fall caused by uneven ground lawyer will help you seek compensation from those responsible for causing your injuries.
Call Dansker & Aspromonte Associates today at (212) 732-2929 for more details of how we will fight to get you the best outcome possible.
You May Be Entitled to Compensation
Falling because of an uneven hazard could entitle you to compensation from the responsible party or parties. In order to maximize the monetary award or settlement that you are entitled to, your lawyer will advocate on your behalf with the insurance representatives for the responsible party or parties. In addition your lawyer will file a claim and lawsuit on your behalf.
In order to advocate zealously on your behalf , your lawyer will:
- Correspond with the insurance company for the property owner or any other responsible party
- Determine the value of your damages and losses
- Determine how much coverage the insurance companies for the responsible party or parties have available to compensate you for your damages
- Negotiate a settlement with insurance company representatives to obtain a fair settlement offer
- If the insurance representatives fail to make a fair settlement offer, proceed to trial
Your lawyer will provide insight as to whether any insurance settlement offer made by the insurance representatives is fair. If you and your lawyer agree that the offer is not adequate considering your damages and losses, then you can proceed to trial and seek a monetary award from a jury.
Seeking Awards Through a Lawsuit
A trial may be necessary if the insurance companies do not make a fair settlement offer to compensate you for the injuries, damages and losses that you have suffered due to the negligence of the responsible party or parties. At trial your lawyer will:
- Present any evidence that shows you were the victim of negligence
- Obtain and present testimony from expert witnesses who can attest to the severity of your injuries or the nature of your accident
- Present evidence detailing your injuries and other losses
- Present evidence documenting your losses, both to date and projected into the future
- Negotiate a settlement during the trial
- Proceed to a jury verdict
Your lawyer will aim to prove to a jury that the condition which caused your accident was a foreseeable hazard, and that it caused your injuries and resulting losses. If they are successful, a jury will award you compensation for your pain and suffering medical expenses, lost income, and any other accident-related damages that have been proven on your behalf.
Call Dansker & Aspromonte Associates Today
Hiring a lawyer may allow you to focus your attention on physical recovery without sacrificing any compensation. Your Bronx fall caused by an uneven ground lawyer will help you with your claim and lawsuit and defend your rights while fighting for the compensation which you deserve.
The team at Dansker & Aspromonte Associates’ goal is to get the best possible recovery for you. If that means taking your case to trial we will do it. Call Dansker & Aspromonte Associates today at (212) 732-2929 for a free consultation.