Trip and Fall accidents

We often receive calls from clients who have been injured in a trip and fall accident on a sidewalk. For a variety of reasons, these cases can be tough. Like most cases where an injury occurs on someone's property, notice of the defect to the owner of the property is a central issue. Also, the size of the defect is an issue. Recently our Second Department appeals court dismissed a sidewalk trip and fall case against the Town of Riverhead finding that the defect was "trivial." The court took into account the appearance of the subject walkway, the extent of the height differential between the walkway and the adjacent unpaved ground, and the time, place, and circumstances of the accident. In the Riverhead case, the Court held that the defendant established its entitlement to judgment as a matter of law by demonstrating that the alleged defect did not, by reason of its location, the weather conditions, or other relevant circumstances, have any of the characteristics of a trap or snare, and was trivial as a matter of law and therefore not actionable prove liability, that is responsibility for the happening of the accident.