Man Rescued from 30 Foot Hole in NYC Sidewalk

A man had to be rescued by firefighters Saturday after he fell 30 feet down a hole in a New York City sidewalk. Vincent Riggio stepped outside to smoke a cigar and apparently stepped on a corroded metal plate that was in place to provide reinforcement to the doors of a sidewalk cellar. He fell approximately 30 feet, and had to be hoisted out of the hole by the fire department. Riggio was treated at a hospital for minor cuts and bruises sustained in the fall.

Does Mr. Riggio have a claim? Simply being injured while on another person's property does not make that person or property owner automatically liable for your injuries (as most people think). You must prove negligence, meaning that the owner or management failed to provide or maintain a safe premises, created hazardous conditions on the property and/or failed to eliminate known or discoverable hazards.

I have handled many “premises liability” cases. Each and every one is different in character and circumstance. It certainly is interesting however to learn that premises liability claims (trips, slips, etc..) are the most common personal injury claim filed against the city of New York.

In Arizona, perhaps the most common call that we receive, outside of motor vehicle collision cases, are premises liability claims, namely, people who call because they were injured in a trip or slip in a store. We take information and evaluate the cases, but much more often than not decline representation for what we perceive as being in a position of being unable to prove the case. In Arizona, the person bringing the claim has the burden of proving that he/she has a valid claim under Arizona law. In premises liability cases, you have to prove the store was negligent. You have to prove that the store actually knew or should have known of the hazard BEFORE you tripped or slipped. Simply proving there was water on the floor does not make the store liable for your injuries.

Regardless of the circumstances, if you or a friend has sustained an injury as a result of a trip, slip or other circumstance on another’s property, please consult an experienced personal injury attorney regarding your case and your rights. Some businesses will carry insurance coverage that will pay up to a stated sum for your medical bills, regardless of fault. Either way, your case should be evaluated by an attorney experienced in these matters, so that you better understand your rights both now and in the future.