What Do I Need to Prove in a Sidewalk Trip-and-Fall Case?
A successful sidewalk trip-and-fall case generally requires evidence establishing several important facts:
- That there was a defective or dangerous condition.
- The condition caused your accident.
- The responsible party had a legal duty to maintain the sidewalk.
- The responsible party knew or should have known about the condition, created the condition, or another applicable theory of liability may apply.
- The accident caused your injuries and damages.
Take Photographs
If you trip on a misleveled sidewalk, photographs can be some of the most important evidence in the case. Photographs should be taken as soon as possible after your accident and should include close-ups of the condition as well as photos putting the condition in perspective to the building. The photos should show the condition and its location relative to the abutting building.
If a hole or misleveled sidewalk caused your fall, the photos should include a ruler, or other object if a ruler is not available, to show the height differential.
What Your Photos Should Show
- The exact location where you fell
- The uneven or raised portion of the sidewalk
- The defect from several different angles
- The surrounding area
- Nearby buildings and property addresses
- The defect from the perspective of someone walking toward it
- Any condition that may have made the defect difficult to see
It is also helpful to preserve photographs of your injuries, torn clothing, damaged shoes, or other physical evidence from the accident.
Sidewalk conditions can be repaired quickly. A condition that existed on the date of an accident may look completely different weeks or months later, so it is important to take photographs as soon as possible after an accident.
Report the Accident and Preserve Evidence
If you are injured in a New York City sidewalk accident, it is important to document what happened as soon as possible. Obtain the names and contact information of any witnesses, if possible. Keep medical records and bills. Make sure your doctors know and document that the injuries resulted from the fall.
Contact Us
If you or a loved one suffered an injury due to a trip and fall as a result of a defective and dangerous sidewalk and are in need of legal assistance, call the Lawyers at Jaroslawicz & Jaros at 212-227-2780, or submit an online questionnaire.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations.
Please call to ensure that you do not waive your right to compensation. You can call Abraham Jaros on his cell at 917-842-9544 or email him at ajaros@lawjaros.com.
By: Abraham Jaros, Jaroslawicz & Jaros, PLLC Admitted to the New York Bar in 1973