The American Disabilities Act defines a trip hazard as any vertical change ¼ of an inch or more at any crack or joint. That means accessible public places such as schools, hospitals, and libraries, among others must be sure that these hazards are taken care of to be compliant with the Act.
In the city of New York, there may be many building owners complying with this act but sometimes there are owners that let these guidelines fall through the cracks. A trip usually occurs when, moving forward, your foot strikes something and you stumble toward the ground; potentially landing on your face, elbows, or catching your balance but strain a muscle or ligament.
Issues that Can Result in Injury
Common hazards in New York are bad sidewalks, cracks, potholes near or in walkways, and even early morning newspapers next to the newsstand in range of joggers and commuters. Sidewalks are to be maintained by the property owner adjacent to the sidewalk. The city will issue a sidewalk violation to a property owner after an inspection reveals that the sidewalk is defective. There is no fine and the violation will be dismissed after the property owner makes repairs and passes a second inspection. There is where there might be a problem.
Some property owners may believe the wheels of city justice aren’t moving so fast if no fine is involved and once again the street traveler could be put in harm’s way. Whether it is a disabled person trying to gain access to a public building or an everyday commuter on their way to work, an unsafe tripping hazard means a serious injury could occur due to someone’s negligence or even ignorance of what the law expects of them. With the assistance of a trip and fall attorney in New York, you can have an ally that will fight for your rights.
An experienced trip and fall attorney will look up the number of violations to see if they have persisted in the past to ignore these citations and make a case for a fair and honest settlement for injuries sustained in a trip and fall that could have been prevented.
