Uneven flooring might not sound like a serious hazard at first, but in the right circumstances, it can lead to painful, even life-altering injuries. From broken bones to traumatic brain injuries, a sudden trip or fall caused by an unsafe walking surface can drastically impact someone’s life. If you’ve been hurt due to dangerous flooring in a store, apartment building, or office space, you may be wondering if you have any legal recourse. Continue reading and reach out to a seasoned Manhattan slip and fall lawyer from the Law Office of Richard M. Kenny to learn more.
What Is Premises Liability, and How Does It Apply to Flooring?
Premises liability is an area of personal injury law that holds property owners accountable for maintaining safe conditions on their premises. This duty of care means they must fix hazards they know about, or should reasonably know about, or at least warn visitors of the potential danger. When it comes to uneven flooring, property owners who fail to address obvious trip hazards can be held responsible if someone gets hurt as a result.
For example, cracked tiles in a supermarket aisle, warped floorboards in a hallway, or unmarked elevation changes in a lobby can all be dangerous. If these hazards go unaddressed and someone suffers a fall, the property owner may be liable for the resulting injuries. It’s not just about the presence of a hazard, though. It’s also about whether the property owner knew or should have known about the dangerous condition and failed to take reasonable steps to fix it.
What Do You Need to Prove in a Case Like This?
To pursue compensation through a premises liability claim, the injured person typically needs to prove four elements: that the property owner owed them a duty of care, that the owner breached this duty by allowing the dangerous flooring condition to exist, that this breach directly caused the injury, and that the injury resulted in real damages such as medical bills or lost income.
In practice, this usually involves gathering evidence like photographs of the uneven surface, surveillance footage (if available), witness statements, and medical records. It can also help to show that the hazard existed for a long enough period that the property owner should reasonably have discovered and corrected it. In New York City, where countless people walk through buildings and sidewalks every day, there’s an expectation that property managers and owners will keep those areas reasonably safe.
Is It Worth Pursuing a Claim for a Trip and Fall?
Absolutely, especially if your injuries have led to medical expenses, missed work, or lasting pain. Even what seems like a minor trip can result in serious injuries, particularly for older adults or people with preexisting health issues. A successful premises liability claim can help cover these costs, reduce financial stress, and provide a sense of justice.
If you believe you have a valid personal injury claim, please don’t hesitate to contact The Law Office of Richard M. Kenny for a free case evaluation today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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