To the average lay person, the legal issues behind a Slip, Trip, and Fall case appear so very straight forward that the services of an attorney seem hardly necessary. I slipped on ice. I tripped over a cracked sidewalk. I fell down a flight of stairs. I was hurt; therefore, I deserve to be compensated. If it were only so simple. Reality is that the slip, trip and fall case is not as easy to prove for a successful recovery as one may imagine. There are many legal hurdles which must be traversed. Stumbling over just one may keep an injured person from receiving the recovery he or she deserves.

What is a dangerous condition? What is a defective condition? As a matter of fact, what is a defect? Is the defect open and obvious; is it transitory? Was the defect the proximate cause of the accident? Did the defendant have notice of the defect? Was the notice constructive or actual? Was it a recurring condition?

These questions and many others are the tip of the legal analysis that must be accomplished for a successful trip slip or fall case. The answer to any one of the above questions has filled volumes.  The successful trip slip and fall case is only accomplished when one possesses a legal strategy that takes into account the complicated set of conditions one must meet.   Ignore this reality and you will add insult to your unfortunate injury by receiving no compensation for the wrong you have suffered.

By: Paul Yakaitis – Paul  is a New York slip and fall attorney who specializes in personal injury cases in New York.

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