Slips and Fall on Uneven Surfaces- Claims & Compensation

Posted by Alan Finkel on February 14th, 2023

Have you or one of your loved one been injured in a fall on an uneven surface? You may be wondering why the floor was not properly maintained.

• Is the owner of the property liable for my injuries?
• Do I have grounds for a lawsuit?
• What kind of remuneration could I expect?

Our skilled personal injury attorneys at US Legal Law firm are here to assist you in obtaining the financial compensation you require following an injury.

Property owners have a legal obligation to keep their properties safe for anyone who visits them. So, it’s true for both business owners and homeowners. If an unsafe condition on a property causes a slip, trip, or fall accident, the owner may be held liable for the victim's expenses. Visitors are unlikely to become aware of these hazards until it is too late and an accident has occurred. One of the leading causes of these accidents is hazardous floor conditions. If you have been injured as a result of poor floor conditions or uneven outdoor walking surfaces, it is critical that you understand your rights as a victim.

Uneven Surface Conditions Are Common

Uneven surface conditions can contribute to a fall in a variety of ways. It is critical for all property owners to be aware of their property's condition and to perform any necessary maintenance. If an injury is caused by an uneven surface condition, the property owner may be held liable if negligence is proven. If you've been injured in a fall caused by uneven surface conditions, talk to a personal injury lawyer in Long Island, NY about your legal options.

Uneven Sidewalks

Property owners in some municipalities are responsible for the condition of the sidewalks in front of their homes or businesses. Sidewalks with varying elevations pose a tripping hazard to anyone walking on them. Pedestrians may miss these hazards and suffer serious injuries if they trip and fall on the concrete.

Floors with Warps

Warped hard surface floors frequently have abrupt changes in elevation, putting guests' safety at risk.

Floorboards and Loose Tiles

Guests on the property can easily slip, trip, and fall due to loose tiles and floorboards. These issues may be difficult to identify with the naked eye.

Carpets in Poor Condition

A property with poor carpet conditions is not only an eyesore; it is also a hazard to anyone who visits the property. Bunched carpets and rugs cause unexpected and dangerous elevation changes.

Be aware of your rights if you have been injured as a result of uneven floor conditions. Many accidents could have been easily avoided if the property owner had maintained the floors more responsibly.

How Can I Establish Negligence?

If you were injured as a result of uneven surfaces, you and your lawyer must establish negligence in order to receive the compensation you require to recover from your injuries. In these cases, a few conditions aid in determining fault.

Liability Determination Criteria

If one or more of the following conditions are met, the property owner may be held liable for your losses:

• If the property owner or business employee was unaware of the dangerous condition, they may still be held liable if the court determines that a "reasonable person" should have known about the condition and fixed it.

• They caused the condition - If the owner or an employee was directly responsible for the uneven floor conditions, the owner will almost certainly be held liable.

• They were aware - If the owner was aware of the dangerous condition and simply failed to make the necessary repairs, they will most likely be held liable.

While the second and third conditions are frequently easy to establish, proving that an owner should have been aware of poor floor conditions may be more difficult. But an attorney can resolve the matter while observing the situation. So, make a contact with an expert Personal Injury Lawyer Long Island City, NY to peruse the case smoothly.

What if I'm partially to blame?

The court may determine that the victim bears a certain percentage of responsibility in the accident under the rule of comparative negligence. This rule may apply if it is determined that a reasonable person in your situation could have avoided the accident. For example, if you tripped and fell on an uneven surface while staring at your smartphone, the court may rule that the accident could have been avoided.

Even if you are found to be partially at fault, the law enforcement allows you to sue for damages, but if your percentage of fault is less than 50%. Any favorable verdict will be adjusted based on your level of fault. If you are awarded a ,000 verdict but are found to be 25% at fault, your payout will be reduced to ,500. Even if a minor lapse in judgement contributed to your fall, it's worthwhile to consider legal action against the property owner.