The owner or occupier of commercial or residential premises has a duty to keep its
property in a reasonably safe condition. If the property was not reasonably safe
and someone sustains personal injury, they may have a claim for damages.
Premises can be unsafe as a result of the failure to remove accumulations of snow
or ice, allowing broken sidewalks or walkways to exist upon the premises, staircases
that do not comply with the Building Code, or where the owner has permitted a trap
on his property to exist. Unless the owner actually created the condition that caused
the accident, an accident victim must prove that the owner knew or had reason to
know of the dangerous or defective condition sufficiently in advance of the accident
so that proper remedial measures could be taken.
Documenting the physical condition that caused the accident, especially in transitory
situations such as spilled liquids or snow and ice cases, is crucial to the preservation
of evidence necessary to be successful. Because evidence can change overnight, Eisenberg
& Kirsch conducts an immediate investigation so that witnesses can be identified
and the condition photographed to preserve what the premises looked like at the
time the accident occurred.
If you have a question concerning an injury that resulted from a slip and fall or
trip and fall accident, call Jeffrey Kirsch of Eisenberg & Kirsch at (845) 796-9909
for a free, no obligation case appraisal.
