Trip and Fall Accidents in Brooklyn Heights
Brooklyn Heights is a popular neighborhood for locals, tourists, and pedestrians. Thousands visit here every day. Unfortunately, many injuries, including trip and fall accidents, occur here every day.
If you have been injured, it is crucial to understand who may be liable and what has to be proven for you to recover.
You need to hold the property owner responsible, with the added requirements for filing a notice of claim with the City if it is a City-owned property.
Trip & Fall Accidents Can Be Serious
Accidents like trip and falls do happen frequently. Uneven surfaces, damp leaves on the ground, uncleared ice, debris, construction materials, and other factors can all lead to trip and fall accidents (also known as slip-and-fall accidents).
These accidents may result in serious injuries or even fatalities. If it can be shown that someone else was negligent in causing your trip or fall in Brooklyn Heights, you may be eligible for compensation.
What are Trip and fall Accidents?
A trip and fall accident occurs when someone trips over an object or an uneven surface. You may have a claim when this results in injuries such as broken bones, sprains, concussions, or other damages.
These types of accidents are typically caused by negligence on someone else’s part. Was the pavement uneven? Was construction debris present? Did they fail to clean and maintain the area?
When someone neglects their duty, resulting in your injury, you must assert your rights and hold them liable for any damages you suffered.
The City’s Liability for Accidents on City-Owned Property
The City may be liable for trip & fall accidents at public places like parks or other city-owned properties like the Brooklyn Heights Promenade. The victim must prove that the City failed to take reasonable care when maintaining these areas, thus making them dangerous for visitors and residents.
To do this, you must prove that they were negligent in failing to detect the hazard or were aware of potential dangers and failed to repair them. Even if they did not have time to repair the damages, they could be liable for failing to warn individuals of the danger (for example, by putting up a barrier or sign).
Statutory Obligation to File a Notice of Claim
Remember, it is essential for plaintiffs seeking compensation after being injured due to a trip and fall incident at a public place to file a notice of claim within 90 days after an incident.
Failure to file the notice of claim can prevent you from bringing your lawsuit entirely! Even if you institute a suit, the City could move to dismiss your claim for failure to file the Notice of Claim timely.
Contact our lawyers as soon as possible to evaluate your case and take appropriate action on your behalf.
The Plaintiff’s Duty to Prove Negligence Causation and Injury
Suppose you have been injured due to another person’s negligence. In that case, you must prove that their actions directly led to your harm/injuries suffered before seeking damages through either civil litigation or an out-of-court settlement agreement.
To do this, you must establish three things:
- That the defendant owed you a “duty of care,” which means they had an obligation to care for the property and keep it safe;
- That they breached this duty by acting negligently; and
- That your injuries were caused directly because of their breach, thus leading to the harm and damages you suffered.
If we can prove this, then liability will most likely be attributed.
Contact the Law Office of Irene H Gabo Today
No one ever expects something terrible to happen while leisurely walking around the beautiful areas of Brooklyn Heights.
Unfortunately, there are many instances where people have gotten injured due to hazardous conditions. Proper care and safety measures would have prevented these accidents.
If you were injured while visiting the Heights, speak with our legal team immediately. We understand how difficult it can be to deal with property owners, the City, and insurance companies. They often deny claims or present low-ball settlement offers.
Our experience handling cases like yours makes us qualified to help you get the justice you deserve and pursue the maximum compensation allowed by law.
Call our office today at (800) 560-0214 for a free consultation.