slip and fall injury report

How Slip and Fall Settlements Work in NYC


Posted on June 1, 2021 by

At the Law Office of Jeffrey K. Kestenbaum, we handle many different types of cases. But by far, slip and fall cases in New York City are among the most common ones.

These situations often arise due to the negligence of a property owner or manager who is responsible for keeping the premises safe. Slip and fall accidents can happen to absolutely anyone and often when you least expect it. Therefore, it’s a smart idea to know the basics about how these types of cases work and how much you can expect to receive if you are an injured plaintiff.

Common Types of Slip and Fall Cases in New York

Here in New York, there are countless potential hazards that exist in our everyday lives.

Here are some of the most common reasons why local residents slip, fall, and then come to us for legal help to pursue the at-fault party.

  • Sidewalk potholes
  • Icy entryways
  • Broken handrails
  • Wet mopped floors
  • Uneven floor boards
  • Spilled liquids in stores

How Much Are Slip and Fall Cases Worth?

It is not uncommon for injured plaintiffs in New York to receive at least $10,000 to $50,000 or more from their slip and fall accident cases, even if their injuries were minor. Large transportation providers, retail giants, and major corporations are often willing to pay significant settlements to maintain their good image. Meanwhile, private property owners can be held liable if they knew about a hazardous situation and did nothing to correct the situation that caused you to become hurt.

But of course, every slip and fall accident is different in NYC, so the actual amount that your case is worth depends on how much your medical bills cost, any lost wages, future monetary damage calculations, and an assessment of your pain and suffering.

Things to Know About NYC Slip and Fall Law  

One of the most important things to know about slip and fall law in New York is that the statute of limitations is three years. This means that you only have three years from the date of the incident to file a lawsuit against the owner of the property where your accident occurred.

There is also a comparative negligence law in New York, which means that the property owner can claim that you share some of the responsibility for your injuries, and therefore he/she should not have to pay the full amount (or any) of your claim. If a court of law finds that you were even partially to blame because you were distracted, reckless, or otherwise irresponsible, this can reduce the amount of your slip and fall settlement.

Legal Help with Your NYC Slip and Fall

The Law Office of Jeffrey K. Kestenbaum can help you successfully pursue a slip and fall case in New York. Based on the evidence and using our legal expertise, we can build your premises liability case and maximize your recovery to help you pay your medical bills and make up for lost time from work and the general enjoyment of life.

If you or someone you care about has suffered a slip and fall because of someone else’s negligence, call us at 718-237-5586 or fill out our online form while you still have time.

young female walking in a convenient store

What You Should Know About Walgreens Slip and Fall Settlements


Posted on June 1, 2021 by

There are approximately 564 Walgreens stores in the state of New York, which is great if you’re looking to fill a prescription or pick up convenience items right around the corner. However, accidents commonly happen in Walgreens stores because of the many potential hazards that put customers at risk of serious injuries.

If you have been hurt at your local pharmacy, here’s what you need to know about Walgreens slip and fall settlements.

How Accidents Happen in Walgreens

Although Walgreens stores are generally safe places, there are many things that can go wrong when you are browsing the aisles or picking up your medications. Since Walgreens stores sell beverages, lotions, and other liquids, spills commonly happen and cause people to slip and fall. Dry foods may spill out into the aisles, and various beauty products and housewares can tumble off the shelves and pose tripping hazards.

Slip and fall accidents often happen in and around the bathrooms in Walgreens after staff members have mopped the floors. It is also possible for customers to fall while walking on the sidewalks, in the parking lots, and in the entryways of Walgreens stores due to rainy, snowy, or icy weather.

Proving Liability in a Walgreens Slip and Fall Case

Walgreens store owners and managers have a duty to their customers to keep the store safe and free of hazards to prevent accidents. But to prove a case against Walgreens after a slip and fall, you must be able to prove that a third party breached this duty and that this negligence caused you to become injured.

Pursuing Walgreens Slip and Fall Settlements

It is important to act quickly if you have fallen in a Walgreens store to pursue the at-fault party for damages. This is because there is a statute of limitations for these types of personal injury cases that restricts the amount of time you have to file a claim. This amount of time is three years in New York.

The most important thing to do after you have fallen is to get medical attention for your injuries to take the best care of your health. But while you are still in the store, make sure to let a Walgreens employee know about your fall so that your accident is documented in the company’s records. If you are able, take photos of the accident scene and get contact information from any witnesses to help you prove your case later.

Preventing Slips and Falls in Walgreens

Many slip and fall accidents in Walgreens involve circumstances that are out of customers’ control. However, sometimes customers are at least partially responsible for their own accidents due to carelessness or recklessness.

You may be able to avoid painful injuries, costly medical bills, and legal trouble by simply paying more attention to your surroundings. Don’t text or scroll on your smartphone while walking through a Walgreens store or enter areas that are barricaded off due to cleaning or spills. Make sure your shoes are tied and that you aren’t distracted by the people around you. Not only will these pieces of advice keep you safe, but they will also help you avoid counter-claims of contributory negligence if a Walgreens manager believes that you caused your own injuries.

Where to Get Legal Help After a Fall in Walgreens

If you have had a slip and fall accident in a Walgreens in New York City, we can help. Jeffrey K. Kestenbaum and his legal team have extensive experience with these types of cases and know what it takes to win against a big corporation like Walgreens.

Don’t be intimidated by the power of the Walgreens brand and other major retail chains. If you slipped and fell because of the store’s negligence, we will bring the store to justice and help you pay for your medical bills, lost wages, and pain and suffering. Big companies like this set aside millions of dollars to pay for such settlements and maintain their good image. You may be entitled to some of these settlement reserves, so let us help you fight and win your case.

To learn more about pursuing a claim against Walgreens and for a free consultation, please contact us at 718-237-5586.

tall cranes on a new york city skyline

What You Should Know About Construction Accident Death Cases in NYC


Posted on April 29, 2021 by

Construction accidents happen every day in New York City because of the dangerous nature of this work and the challenges of these types of jobs. However, some of these accidents are so severe that they actually result in death and devastate entire families and construction companies.

If you are involved in the construction industry, here’s what you should know about construction accidents in NYC and what needs to be done if an accident results in the death of a worker.

How Construction Accidents Happen in New York City

Unfortunately, falls are all too common among construction workers who are assigned to projects in the five boroughs. These falls often happen when professionals are working on roofs, scaffolding, ladders, and with heavy equipment. It is also possible for NYC workers to be struck by various falling objects due to equipment malfunctions or user errors.

Construction workers can get hit by moving vehicles, electrocuted, and caught between pieces of machinery or structures at job sites. Other common situations include tripping and falling over wires or tools, hazardous work around elevator shafts, and not being properly trained to use power tools.

What to Do When a Construction Accident Results in Death

As with any accident, the most important thing to do first is seek medical attention to take care of your health. Construction workers should let their supervisors know about the accident as soon as possible and also take note of any other workers on the site who might serve as potential witnesses.

After a construction worker has been hurt on the job, it is a good idea to consult a construction accident lawyer for legal advice. But if that accident results in death, either immediately or later on as a prolonged result of the injuries, the family of the worker is advised to talk to a wrongful death lawyer who specializes in construction cases. The Law Office of Jeffrey K. Kestenbaum can help in this situation to get family members though the difficult time.

How a NYC Construction Wrongful Death Attorney Can Help

Spouses, financial dependents, life partners, and even distant family members can pursue a wrongful death case on a construction worker’s behalf. These are important claims to pursue because they bring the at-fault construction company, governmental body, or other third-party to justice for the devastating loss in your life. A NYC construction accident death attorney can help you with the many expenses that come with the passing of a loved one, including lost wages and benefits, medical bills, funeral expenses, and household services.

A family generally has to make a claim within two years in order to receive compensation, so it’s important to give our office a call as soon as possible after your loved one’s death. We stand by the hardworking construction workers in our community and are here to provide you with the very best legal representation in the city. Call us at 718-237-5586 or contact us for a free consultation today.

man walking down street with coffee in NYC

Why You Need an Attorney after a Slip and Fall at Dunkin’ Donuts NYC


Posted on April 29, 2021 by

Dunkin’ Donuts is a favorite spot among many New Yorkers for a quick doughnut, muffin, or cup of coffee. However, you might get more than you bargained for if you have an accident while stopping into one of these chain restaurants.

If you have a slip and fall Dunkin’ Donuts accident in New York City, here’s how to handle the situation and when to call an attorney.

How Slip and Fall Dunkin’ Donuts Accidents Happen

As with any restaurant environment, a lot of things can go wrong inside a Dunkin’ Donuts to cause injuries among customers and employees. For example, a person might trip over spilled food, slip on liquid from a dropped beverage, or fall over a doormat that isn’t properly secured to the floor. It is also common for slips and falls to happen because of inadequate lighting either inside or outside the restaurant or because of rain or snow that causes environmental hazards around the entrances.

These types of accidents can cause injuries ranging from mild to severe, including concussions, broken bones, sprains, bruises, and cuts. Some injuries might be apparent right away, while others may take a while to appear and result in long-term and costly medical bills.

Proving Negligence After a Dunkin’ Donuts Slip and Fall

The Dunkin’ Donuts company and the individual franchise store have a responsibility to keep customers safe and to take action to remove hazards as quickly as possible. To prove a case against Dunkin’ Donuts after a fall in the restaurant, you must be able to show that Dunkin’ Donuts was aware of a hazardous situation, that the management did not fix the hazardous situation in a reasonable amount of time, and that your injuries were a direct result of this negligence.

The staff at a Dunkin’ Donuts cannot be expected to clear away a hazard within seconds after it occurs. But if the spill, obstruction, or other situation that caused your fall sat for quite a few minutes or longer without any staff attention, you may be more able to prove negligence in your case. If you contributed to your own injuries by being distracted, inebriated, or careless, this could reduce the amount of compensation that you are entitled to, however.

Pursuing a Claim Against Dunkin’ Donuts

Some people who have had slip and fall Dunkin’ Donuts accidents have won thousands of dollars in settlements by working with experienced personal injury lawyers to prove their cases. The exact amount of money that you may be entitled to in a settlement is dependent upon how severe your injuries were, the cost of your medical bills, how the restaurant responded to the safety hazard, and if you have been unable to work since being injured.

Yes, Dunkin’ Donuts is a huge, multi-billion-dollar company with thousands of locations around the world. But that doesn’t’ mean that you can’t take them on as an individual of limited means and connections in New York. No company is too big or too powerful to be sued when they were in the wrong and need to be brought to justice.

Get Help with your Dunkin’ Donuts Case

When you have an accident in Dunkin’ Donuts or other large chain establishment, you need an experienced slip-and-fall attorney on your side to navigate the complex process of pursuing a claim. The Law Office of Jeffrey K. Kestenbaum has extensive experience with this type of work and is very capable of winning cases against Dunkin’ Donuts after a customer has been injured.

The statute of limitations after a slip and fall accident in New York is just three years, which means you shouldn’t delay scheduling your free legal consultation for a moment longer. If you or someone you care about has been injured in a Dunkin’ Donuts, call us at 718-237-5586 or contact us online.

Construction worker handling rebar in New York City

Why It’s Important to Hire a Construction Accident Lawyer NYC When You’re Hurt


Posted on March 31, 2021 by

Because of the challenging and potentially dangerous work required to create buildings, bridges, and other infrastructure, construction accidents happen every day. Unfortunately, New York construction workers often suffer from falls, burns, fractures, and even life-threatening injuries while just trying to do their jobs and earn a living.

But when accidents happen, the Law Office of Jeffrey K. Kestenbaum is here to help construction workers take care of themselves and their families.

Expert Help Proving Your Case

Whether your accident involved a piece of heavy machinery, scaffolding, a falling object, or electrical wiring, a construction accident lawyer is a valuable resource to have on your side. This specialized type of personal injury attorney will investigate the details of your case, file a claim with the appropriate court, negotiate with the defendant’s lawyers, and take your case to trial if necessary. The most challenging part of the legal process is often proving liability, which is why construction workers benefit from hiring a law firm that regularly works with the construction industry.

Successfully Navigate Complex Cases

Construction cases are notoriously difficult to prove because of the various risk factors of the job and multiple parties who may all be partially to blame. For example, a construction company may try to shift blame onto individual workers at a job site, but employees may point to management if they haven’t been properly trained in safety protocols. This is another good reason to consult with a construction accident lawyer NYC, even if your injuries appear to be minor at first.

Questions to Ask Your Construction Accident Lawyer

If you have made the smart decision to contact a New York City attorney about your construction accident, it’s a good idea to have list of questions available to get the most out of your initial consultation. Here are a few questions to keep handy for your phone call or online chat with the attorney’s office:

  • How have you handled cases like mine in the past?
  • How successful have you been in pursuing construction accident cases?
  • How long have you been practicing construction accident law?
  • What is a typical settlement amount range for cases like mine?
  • Do cases like mine usually settle out of court or go to trial?
  • What will you charge me to pursue my case?
  • How long do you expect it will take for my case to resolve?

Hire Jeffrey K. Kestenbaum as Your Construction Accident Lawyer NYC

Our law firm regularly works with construction professionals like you who have been injured on the job as a result of someone else’s negligence. We fight hard for the construction workers in our community and offer personalized and aggressive representation to make our clients’ cases successful.

To learn more or to have our team start looking into your potential construction accident case, contact us at 718-237-5586 or send us a message online.

nyc time square featuring mcdonalds

Why You Need an Attorney after a Slip and Fall McDonald’s Accident in NYC


Posted on March 26, 2021 by

Due to the popularity of the McDonald’s fast food chain, there are dozens of McDonald’s restaurants all across New York City. These places are common sites of slip and fall accidents, which can cause severe injuries that have long-term consequences for your health and finances.

Here’s what New Yorkers need to know about slip and fall McDonald’s accidents and when it’s time to call a local personal injury lawyer for help.

How Slip and Fall McDonald’s Accidents Happen

Slip and fall accidents can happen anywhere, but they are especially common in and around McDonald’s restaurants because they tend to be busy and crowded all throughout the day. Spills often happen inside a McDonald’s because customers are distracted while carrying food and beverages to their tables and because staff members are in a hurry to serve customers.

Leaks in the bathroom plumbing can make floors slippery, while rainy and snowy New York weather can create hazards if mats are not placed at the entrances and secured properly. If sidewalks are cracked or pavement is uneven in the parking lot, slip and fall McDonald’s accidents can happen here too.

Common Injuries from Accidents at McDonald’s

When clients come to our law office after an accident in a McDonald’s, they have often suffered bone fractures, back and neck injuries, and head trauma. Concussions, lumbar injuries, and cervical spine injuries are common after this type of incident that leaves a person in pain on a fast food restaurant floor.

If you have suffered from any of these common slip and fall injuries, or even if you think you feel fine when you get up, it’s important to seek medical treatment as soon as possible in case your body is in shock from the fall or if you’ve aggravated an existing condition that isn’t noticeable right away. If you’re physically able, try to take a few photos of the accident scene for future evidence and report your accident to McDonald’s management. Ask people who saw your accident happen for their contact information in case you need witness statements later to prove your case.

Proving Fault in Your Claim Against McDonald’s

As with any personal injury case, it is necessary to prove fault and show that someone else was responsible for the accident that left you injured. Depending upon the circumstances of your case, you might be able to sue the McDonald’s franchise owner, the McDonald’s corporation, or an individual staff member or customer onsite.

But to do so, you must have proof that the person or company had a duty to keep you safe at the McDonald’s, that they were aware of the condition that caused your accident, and that they breeched this duty by not responding or at least not responding inappropriately to correct it. The amount of time that the hazard was in place before your accident and your own potential carelessness are also factors that could affect proving fault in a situation like this.

Damages to Recover for Your Case

After falling in a NYC McDonald’s you may be stuck with mounting medical bills to treat your injuries and provide for long-term rehabilitation. These are often recoverable damages that you can pursue with an experienced attorney by your side.

Keep records of your emergency room visit, costs for x-rays and blood tests, follow-up care with your doctor, and physical therapy costs to submit for your case. You might also be able to recover damages for lost wages if you had to miss work because of your McDonald’s accident, as well as damages for pain and suffering if you experienced depression, PTSD, or other types of directly related mental anguish.

Why Call a Slip and Fall McDonald’s Accident Attorney

If you or someone you care about has slipped and fallen in a McDonald’s in New York City, call the Law Office of Jeffrey Kestenbaum right away. We have represented many people who have had accidents in McDonald’s and other fast food restaurants and been successful in bringing the at-fault parties to justice and securing compensation for our clients. For a free McDonald’s slip and fall consultation, contact us at 718-237-5586 or via online form.

new york city construction workers high up on scaffolds

Causes of Slips, Trips, and Falls in Construction and How to Handle Them


Posted on February 26, 2021 by

Construction workers are experts in building things and using a wide variety of heavy machinery and tools. However, accidents can happen to even the most experienced construction professionals and cause injuries to both employees and random people simply passing by construction zones.

Here is a closer look at how accidents happen in the construction industry and what you should do if you’re involved in one of these dangerous situations.

How Construction Accidents Happen

Regardless of what type of project is being worked on, there is a lot going on at any construction site. From climbing ladders to lifting equipment, loading materials, and navigating slippery indoor and outdoor surfaces, many things can go wrong without proper precautions in place.

Construction workers can fall off elevated structures, trip over debris on the ground, misuse power tools, or fail to use personal protective equipment like gloves and goggles. People in the general public can also get injured at construction sites if workers haven’t secured elevated objects to prevent them from falling or if they haven’t cleared away demolition materials from sidewalks and parking lots. Electrocutions, being caught between pieces of heavy equipment, and falling over exposed stakes or uncovered holes can result in construction accidents as well.

Preventing Construction-Related Injuries

According to OSHA, approximately 6.5 million people work at around 252,000 construction sites daily across the U.S. and the fatal injury rate in this industry is consistently high. Common things that are slipped and tripped over at construction sites are snow, ice, tools, ladders, lumber, poles, and electrical wiring. To prevent falls due to ladders, make sure that these pieces of equipment are free of grease, dirt, and contaminants. Slips, trips, and falls on construction stairways can be prevented by removing debris and dangerous objects from these areas, installing handrails, and ensuring treads cover steps and landings.

Construction workers should wear work boots with slip-resistant and anti-puncture soles to protect themselves. Employees should also avoid working on scaffolding when it is covered in slippery snow, ice, or rain. For slip and fall accidents and other types of hazards at construction sites, employees should be properly trained in safety measures and attend frequent crew safety meetings throughout the project’s duration.

Why Contact a Slip and Fall Construction Accident Attorney

If you are a construction worker or an innocent pedestrian who has been involved in a slip and fall construction site accident, the Law Office of Jeffrey K. Kestenbaum can help. We have assisted many plaintiffs pursue at-fault parties for construction-related accidents to get them the compensation they need and deserve to recover from their injuries. We won’t stand for companies that cut corners and that don’t put the best interests of their employees and the public first. When you need a Brooklyn construction accident attorney on your side, contact us online or call us at 718-237-5586 to learn more about how to pursue this type of case so that justice is served.

woman shopping at home depot

What to Do After a Slip and Fall at Home Depot


Posted on February 26, 2021 by

With more time being spent at home these days and also an increasing interest in budget-friendly DIY solutions, homeowners have been shopping at Home Depot a lot lately. This popular home improvement store is filled with everything you need to repair and renovate your house. But it can also pose certain risks and dangers because of how these stores are set up and the types of products being sold here.

If you have been injured in a Home Depot store, here’s what you need to know about pursuing a claim and how a local slip and fall accident attorney can help.

Causes of Slip and Fall Home Depot Accidents

Like other retail establishments, Home Depot stores have a responsibility to their customers to maintain a safe and clean environment for shopping. If a store does not uphold this responsibility, it can be held liable for a person’s injuries that occurred because of a fall.

One common reason for a slip and fall in Home Depot is a liquid spill from a leaking cleaning product or a wet floor from watering around the garden center. Construction materials left out in aisles can pose dangers to shoppers, as well as boxes that can be tripped over or stacked haphazardly. People have also been injured in Home Depot stores due to recently mopped floors without proper warning signage, paint spills, poor lighting, wet entryways after rain or show, and potholes in the parking lot.

Actions to Take after A Slip and Fall at Home Depot

While they might seem minor at first, slip and fall accidents in Home Depot stores can cause severe injuries that result in high medical bills and long-term damage to your health. From bruises to broken bones and injuries to the neck, back, and spinal cord, it’s important to seek medical treatment right away after an in-store incident. Not only is immediate treatment the best course of action to care for your health, but it also helps your case by eliminating the defense’s potential argument that you made your own injuries worse by delaying treatment.

If possible, take photos of the accident scene and your injuries to preserve as evidence. Make sure to keep the clothes and shoes that you were wearing at the time of the accident as well. Let a manager at the Home Depot know that you were injured and get a copy of the accident report that was filed in the store or by the police. Do not accept blame for the accident and avoid making any public statements until you speak with a slip and fall lawyer.

How Slip and Fall Home Depot Claims Are Settled

Similar to other types of personal injury claims, slip and fall Home Depot claims require proof that the store owned, occupied, or controlled the property it is located on and that it was negligent in maintaining that property. As a fall victim, you must prove that you were injured and that Home Depot’s negligence caused your injuries. To pursue a successful case against the store and company, you should also be able to show that you were not being careless, that you weren’t ignoring warning signs or employee advice, and that you weren’t distracted to a point of causing your own injuries.

Various pieces of evidence can help you settle your claim faster and to your advantage, such as video surveillance, witness testimony, and medical documentation of your injuries. Having competent legal counsel on your side will also go a long way in being successful when you’re up against a huge corporation like Home Depot.

The Importance of Contacting a Local Slip and Fall Attorney

Far too often, shoppers initially disregard their injuries as no big deal only to discover how devastating their pain is weeks or months later. The Law Office of Jeffrey K. Kestenbaum provides dedicated and aggressive representation in New York to help you be successful in recovering the maximum settlement for your case.

For a free Home Depot accident case review, contact our office online or at 718-237-5586.

new york city apartment buildings

The Devastating Effects of Ceiling Collapse in Apartments and Your Legal Recourse


Posted on January 26, 2021 by

Take a moment to look up from your screen at the ceiling. How stable does that ceiling look? Is there any way it could ever come crashing down on you?

Surprisingly, ceiling collapses in apartments are more common than you might think. But not surprising, the results of having your ceiling fall down can be absolutely devastating to your body and your property. Here’s what you should do after a ceiling collapse and how a ceiling collapse lawyer can help.

Causes of a Ceiling Collapse

Older apartments in New York City are prone to ceiling collapse if they have plumbing issues. Leaks in units above you can weaken your neighbor’s floor and your ceiling to the point that part of the ceiling becomes so weak that it caves in and breaks.

Ceilings can also become weak and collapse due to mold that is not addressed, cracks that are not repaired, and defects in the materials used to construct the ceiling. Meanwhile, other tenants have been injured by ceiling collapses after their ceilings were damaged due to a termite infestation, improper duct work, maintenance work done poorly, and just old age if the building inspections are not up to date.

Signs that your ceiling may need attention include sagging in the ceiling, cracks, dripping water, or noises that may be caused by pest infestations or structural failure.

Who Could Be at Fault for a Ceiling Collapse in Apartment?

Various people could be liable for a ceiling collapse, including you, a neighbor, the landlord, a construction company, or the manufacturer of ceiling materials. Landlord-caused ceiling collapses are very common in Brooklyn because landlords have certain legal responsibilities and can be pursued for negligence claims.

However, it is important that you, as a tenant, notify your landlord about a potential ceiling issue so that he or she is aware of the problem and has an opportunity to do something about it. This may involve you writing a letter, making a phone call, or sending an email to tell your landlord about a crack or sagging section of your ceiling in a timely manner. This notification should be documented in writing and accompanied by photos for evidence.

What to Do If Your Ceiling Collapses

Because of the heavy materials used to construct a ceiling, serious injuries can result if one comes crashing down on you. These include head and neck injuries, brain injuries, cuts, scrapes, and bruises. When a ceiling falls, it can cause glass and other fragile items in your apartment to shatter and cause even further injuries. Spinal cord injuries and broken bones are often common after a ceiling collapse. Therefore, you will want to seek medical treatment immediately after a ceiling collapse accident to treat your injuries and get medical documentation of what just occurred.

If you are able to, take photos of the aftermath of the ceiling collapse for evidence and compile any documentation you have about apartment inspections, ceiling repairs, and damage notifications. All of these things will be very helpful to have when you contact a ceiling collapse lawyer to pursue your case against an at-fault party.

How a Ceiling Collapse Lawyer Can Help

If you have been the victim of a ceiling collapse in apartment accident, you need an experienced attorney on your side to fight for your rights and help you pay for the damages. The Law Office of Jeffrey K. Kestenbaum handles many types of accident cases, including ceiling collapses, and will deal with the insurance company to get you the highest value settlement possible.

We have helped many local clients prove that their landlords knew about unsafe ceiling issues and either did not conduct reasonable inspections or fix unsafe conditions when notified about them. To determine if you have a viable ceiling collapse case and to get a legal assessment of how much your case is worth, contact us at 718-237-5586. We are available 24/7 to help walk you through the legal process of this kind of accident claim while listening to your concerns and answering all your questions.

icy new york city steers

Can I Sue My Apartment Complex for Falling on Ice?


Posted on January 26, 2021 by

On average, New York City gets around 25 inches of snow each year, and this snow is often accompanied by ice that makes getting around much more challenging. Although slip-and-fall accidents due to ice are very common, their severity should not be minimized because of how devastating a person’s injuries can be.

Here’s an answer to the common question of “Can I sue by apartment complex for falling on ice?” so that you can get the legal help you need after a fall.

Common Injuries from Ice-Related Falls

There is no denying that ice is slippery and that people of any age and level of agility can fall while walking on ice. When sidewalks are not cleared of ice, they become very dangerous because ice is not always visible during winter storms. Common injuries that result from these falls include broken and fractured bones, concussions, muscle strains, and neck and back injuries from the sudden jolt of a fall.

When a Landlord or Apartment Complex Is at Fault

Landlords have certain responsibilities during the winter months, such as removing snow from sidewalks that are adjacent to their properties within four hours if the snow ceases after 7am and before 5pm. If the snow stops between 5pm and 9pm, landlords have 14 hours to clear it away. And if it stops between 9pm and 7am, the snow must be cleared by 11am the next day. Snow removal is very important because if it starts to melt and become liquid, that water could refreeze and turn into a dangerously icy situation.

If a landlord does not follow these New York City Department of Sanitation guidelines, he or she could be held liable for negligence. The lease you signed with your landlord may also dictate how snow removal must be done. A landlord or apartment complex may be liable for your accident if you or a neighbor provided notification about the icy condition and nothing was done for an unreasonable amount of time. Pursuing a successful case will require you and your attorney to prove that an icy condition existed, that the landlord or apartment complex knew about the condition, and that the responsible person failed to remedy it in a timely way.

What to Do After Your Slip-and-Fall Accident

Aside from taking care of your injuries and seeking treatment as soon as possible, it is important to collect as much evidence as possible after falling on ice at your apartment complex. Check your lease for any details about snow and ice removal and make copies of letters and emails that provide documentation about icy conditions. Make sure to take photos of the icy conditions before they melt, gather witness statements from other residents who also noticed the ice, and get copies of your medical records that document your accident-related injuries.

At this point, it’s a wise decision to call the Law Office of Jeffrey K. Kestenbaum to help you with accident reconstruction, navigating insurance company offers, and proving that your landlord or apartment complex was to blame. If you have slipped and fallen on ice, contact us online or at 718-237-5586 for a free case review.

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