Not all types of slip and fall or trip and fall accidents are the same. Sometimes fault may not rest on a business or property owner. Sometimes people do things that aren't smart and injure themselves.
On Sunday, an 11-year-old boy and his mother were both injured when the child fell from an escalator at the Neiman Marcus Store at Roosevelt Field Mall in East Garden City.
Police indicate that the boy had been hanging on to the railing as it was going up inside the store. When the escalator reached the top floor, the boy fell approximately 30 feet and struck his mother, causing her to injure her foot.
The boy and his mother were transported by ambulance to an area hospital to be treated for their injuries. Authorities say that the child is suffering from a head injury and is currently listed in serious condition.
Each premise accident involving a slip or a trip and fall has to be considered on its own merits. Clearly, in this case, the boy was not using common sense or reasonable care and ended up hurting not only himself but his mother as well. Had he been exercising reasonable care he might have avoided injury altogether.
Cases like this show that not all injuries on someone else's property are the fault of the owner. Frankly, people sometimes do stupid things or break clearly posted rules and get hurt as a result. These cases aren't usually eligible for compensation. If the escalator had known safety issues and the store did nothing about it, or if water or some other substance would have spilled or debris was left lying around that caused a person to trip or fall and the store knew about it, then the case may be very different.
It is important to know your rights after a slip and fall accident. One of the most important things to do if you are hurt on someone else’s premises is to gather as much evidence to support your case as possible. But it's also important to consult with a lawyer to see if you have a valid case in the first place.
If you have been hurt in a slip and fall or a trip and fall accident, contact the Law Offices of Goldstein & Bashner today. We have more than four decades of combined experience in dealing with premise liability cases. Call us today at (888) NYLAW12 to schedule an appointment with us for a free case review so we can discuss your case and answer any questions you may have. We have offices conveniently located in Manhattan, Long Island, and the surrounding area. All cases are accepted on a contingency basis.