woman looking at TVs at Walmart

What to Do If You Are Hurt in a Walmart in New York

Posted on July 1, 2022 by

Although the price of real estate and tight grid structure in New York City isn’t very conducive to support sprawling Walmart stores, shoppers who are loyal to the Walmart brand can travel to communities just outside of NYC for their bargain and bulk shopping needs. Whether you head out to Valley Stream, North Bergen, or another nearby Walmart store, you could be putting yourself at risk by simply walking through the aisles and moving through the checkout lanes. This is because a lot of potential hazards exist in Walmart stores across the country due to spills, tripping hazards, irresponsible employees, weather conditions, and other factors.

If you have suffered from a slip and fall at Walmart in New York, here’s what you need to know about pursuing a case against the retail giant and hiring a Walmart slip and fall lawyer.

Why Accidents Happen at Walmart

Spilled liquids on aisle floors, merchandise that has been stacked unsafely, and improperly placed signs can all cause falls in a Walmart store. Rainy or snowy weather in New York can make indoor and outdoor store surfaces slippery, while pallets left out in the store can be serious tripping hazards for customers. These hazards can cause everything from broken bones to back injuries, brain injuries, and long-term health damage.

If you slip on the floor or fall over an object in Walmart, it is important to go to an emergency room or make an appointment with your doctor immediately. To improve your chances of recovering damages from a personal injury lawsuit, it is useful to take photos of the accident scene, get contact information for witnesses who saw your fall, write down a detailed account of what happened during the incident, and notify the store manager about the accident.

Proving a Case Against Walmart

To prove a case against Walmart after your fall, a Walmart slip and fall lawyer will gather every piece of relevant documentation, such as witness statements, photos, video footage, medical bills, and employment records. The next steps typically involve filing a formal claim against Walmart, waiting for a response from Walmart’s attorneys, and the negotiating a fair settlement or taking the company to trial if negotiations aren’t successful. However, most slip and fall cases against Walmart can be negotiated with fair settlements out of court and without going to trial.

With Attorney Jeffrey K. Kestenbaum on your side, you can feel confident that you are pursuing a case within the New York statute of limitations and navigating New York’s comparative negligence law to your advantage.

How a Walmart Slip and Fall Lawyer Can Help

If you have an accident at a Walmart store, don’t try to take on the huge company all on your own. Walmart has the resources to hire prominent defense lawyers and is accustomed to having its insurance company pay out as little as possible for liability claims.

At the Law Office of Jeffrey K. Kestenbaum, we are confident to stand up to Walmart and know how to build the right evidence needed to prove your claim. For a free consultation, contact us online or give us a call at 718-237-5586.

water idle at CVS

What to Do If You Suffer a CVS Slip and Fall in NYC

Posted on May 31, 2022 by

CVS is a popular pharmacy brand in New York City, with dozens of stores across the city and many with 24/7 access to convenience items in addition to medications. But while most visits to CVS are quick and uneventful, others can involve painful slip and fall accidents that result in high medical bills, missed time from work, and lots of stress.

If you have been involved in an accident in one of these pharmacy stores, here’s what you need to know and when it’s time to call a CVS slip and fall attorney.

How CVS Slips and Falls Happen

There are a lot of things that can go wrong in a CVS store because of the potential hazards present. It is very possible for beverages from the coolers to leak and spill out onto the floor, a floor mat to become misplaced, or mopped areas not marked with proper signage to warn shoppers of slippery surfaces.

Rainy or snowy NYC weather can be tracked into CVS stores, causing danger to customers if not promptly cleaned up. Also, spilled items from shelves, boxes left in the aisles, and uneven sidewalks outside the store can put CVS shoppers at risk of injury.

Typical Injuries from a CVS Slip and Fall

Slip and fall accidents in CVS stores can be very minor or very severe, depending on who is involved and the type of hazard. When a person cannot maintain balance on a slippery surface or trips over something left out in the open, hip and knee injuries are very common. Many people also hit their heads when they slip and fall in a CVS store, resulting in brain and spinal cord injuries. Fall victims with existing medical problems, elderly adults, and anyone who experiences a particularly bad fall could be left with permanent and debilitating injuries that cannot ever be fully recovered from.

Pursuing a Slip and Fall Case Against CVS

If you fall in a CVS pharmacy, you may have a case against the store due to the negligence of a property owner, manager, or other party. It is important to know that there is a three-year statute of limitations to file a case against CVS after the date of your fall. Something else to know is that there is a comparative negligence law in New York, which means that you could be partially to blame for your injuries and still recover some amount from a negligent third party. After being involved in a slip and fall accident in a CVS, you may have the right to recover monetary compensation for medical bills, lost income, pain and suffering, and punitive damages.

How a CVS Slip and Fall Attorney Can Help

The Law Office of Jeffrey K. Kestenbaum offers experienced personal injury representation for New Yorkers who have suffered injuries due to falls in CVS stores. We help our clients get the documentation and evidence they need to pursue successful personal injury claims by showing that the store owed them a duty, breached that duty, that this breach caused the accident, and that injuries were a result of the accident. When you are up against a massive retail chain, like CVS, you need a knowledgeable legal team on your side to pursue your interests and protect your rights.

Contact us online or by phone at 718-237-5586 while you still have time to pursue a case.

Asian woman shopping at Rite Aid

How to Handle a Rite Aid Slip and Fall Accident in NYC

Posted on May 31, 2022 by

Rite Aid stores in NYC offer pharmacies, wellness clinics, groceries, personal care items, and beauty products with convenient locations throughout the city. When you stop at a Rite Aid, the last thing on your mind is getting hurt while walking through the aisles and doing your shopping. However, Rite Aid slip and fall accidents are more common than you might think, and the injuries they cause can be worse than you might expect as well.

If you or someone you care about has fallen in a Rite Aid store and suffered injuries, here’s what you need to know about pursuing a case and hiring a Rite Aid slip and fall attorney.

Causes of Rite Aid Accidents

The good news is that slip and fall accidents in Rite Aids are almost always preventable. However, there are many potential hazards that put customers at risk if company safety protocols are not followed and if employees are not doing what’s best for their customers.

Torn carpeting, wet floors, misplaced floor mats, and items left out in the middle of aisles can cause tripping hazards. The ever-changing NYC weather can make conditions even more dangerous inside of Rite Aid stores and also right outside of them on sidewalks and doorways.

Injuries Suffered by Rite Aid Customers

Most of the time, slip and fall accidents at Rite Aids are minor and result in little more than a little shock and embarrassment. But occasionally, these types of accidents can be very severe when a person falls in just the wrong type of way.

Hip fractures, broken wrists, and back injuries are common after a Rite Aid fall. It is also very possible to hit your head when you fall and get a concussion, brain trauma, or spinal cord injury after what seems to be just a minor fall initially.

What to Do After You Fall in a Rite Aid

After you fall in a Rite Aid, it is important to speak with a manager and file an incident report at the store. For evidence purposes, you will want to take photos of the accident scene and also of your injuries. If possible, get the contact information from witnesses in the store who saw you fall, and write down the names of store employees that you spoke to after your accident.

As soon as possible, seek medical attention for your injuries by going to an emergency room or making an appointment with a health professional that you trust. Another important step in the process is to contact an experienced local NYC attorney who knows how to handle Rite Aid injury cases and pursue slip and fall settlements against this type of major corporation.

The Importance of Hiring a Rite Aid Slip and Fall Attorney

A Rite Aid slip and fall attorney will investigate and build your case with evidence to prove the duty of care doctrine. At the Law Office of Jeffrey K. Kestenbaum, we will review evidence from various sources, including store safety records, videos, photos, eyewitness interviews, medical records, wage statements, and the accident report. If necessary, we will also obtain opinions and assess all of the ways that your slip and fall has affected your life to bring Rite Aid to justice.

For more information about pursuing a case against Rite Aid, please contact us online or at 718-237-5586.

produce section of whole foods

How an Attorney Can Help After a Whole Foods Slip and Fall

Posted on April 28, 2022 by

Whole Foods is a popular place to shop for groceries in New York City when you’re looking for organic foods, specialty items, and healthy meals to go. These stores are typically very well-maintained and provide a safe shopping experience for customers. However, poor management practices, careless employees, and inadequate safety protocols can put New Yorkers at risk while browsing the aisles of their favorite Whole Foods stores.

Here’s what you need to know after a Whole Foods slip and fall, including how your local Brooklyn slip and fall lawyer can help bring the store to justice with a personal injury case.

What Can Cause a Whole Foods Slip and Fall?

Grocery stores, such as Whole Foods, present many different hazards without employees or shoppers even noticing them. It is very common for food and beverage items to spill, be dropped, or burst open. Just think about how many times you’ve seen a rogue apple rolling around on the ground, a leaky jug of milk making a mess, or a spilled bag of rice scattered across the floor of a grocery store! Signs and plastic signs can help warn shoppers about these situations, but they aren’t always used or put up in a timely way.

During rainy or snowy New York weather, grocery store conditions can get more dangerous. Puddles on the floor, pallets left in aisles being restocked, and shopping carts abandoned in hazardous places may cause you to suffer from injuries even if you are being a careful shopper.

Who Is to Blame for Your Fall in Whole Foods?

Whole Foods has a duty of care that involves taking reasonable measures to keep shoppers safe. Showing legal duty of care involves establishing this responsibility, showing that Whole Foods breached that duty, that this scenario caused your fall, and that you suffered from damages as a result.

You may have a case against Whole Foods if the employees did not maintain a safe store environment by failing to clean up messes, placing proper signage, or keeping the aisles free of dangerous obstructions. Just keep in mind that there is a three-year statute of limitations to file a personal injury case against Whole Foods.

Proving Negligence in a Case Against Whole Foods

To take on a major company like Whole Foods, it helps to have an experienced personal injury attorney on your side. The Law Office of Jeffrey K. Kestenbaum can help you gather the necessary evidence, prove the elements of your case, and link your injuries to another person’s or company’s negligence associated with your accident. We do this by reviewing surveillance camera footage, talking to witnesses, consulting experts, assessing your medical records and bills, and gathering wage statements from your employer if you have missed time from work after your accident.

Contact a Whole Foods Slip and Fall Attorney

When you work with our legal team, we can help you recover damages and receive a settlement due to accident-related medical expenses, lost income, pain and suffering, and reduced quality of life. Don’t let Whole Foods get away with causing you injuries if the store and/or its employees are to blame for what you are going through.

After seeking immediate medical care for your injuries, please contact our office online or by phone at 718-237-5586. We are available 24/7 to help you through this difficult time, and if you aren’t well enough to come to us, don’t worry because we’ll come to you. Whole Foods slip and falls are just one of the many types of cases that we practice at at our law firm, but these are cases that we are passionate about and have the experience and legal knowledge to win so that justice is served.

grocery isle in convenient store

Why You Need an Attorney after a 7-Eleven Slip and Fall

Posted on April 28, 2022 by

There are dozens of 7-Eleven convenience stores scattered around New York City, which is great whenever you need to grab a quick drink, snack, or easy meal. But these types of establishments can also be dangerous to shoppers and result in serious injuries if store employees don’t take certain precautions.

Here is some information about 7-Eleven slip and fall accidents and when it’s a good idea to call a local personal injury attorney for help if you’ve been hurt.

Causes of 7-Eleven Slip and Fall Accidents

Slip and fall accidents can happen anywhere, but convenience stores often provide “perfect storm” conditions for people to get hurt. Accidents occur when 7-Eleven stores are not kept safe and free of preventable hazards, regularly cleaned after spills, and kept tidy so that merchandise won’t be tripped over.

7-Eleven slip and falls commonly occur because of a leaky soda machine, when a customer spills a drink, or when food items are knocked the shelves and not promptly picked up. Loose floor mats, rain and snow tracked inside the store, and poor lighting in the store can also cause a person to slip and fall in a 7-Eleven.

Typical Injuries from 7-Eleven Falls

Many slip and fall accidents only result in very minor injuries, such as a bruised knee, scraped hand, or sore bottom. However, 7-Eleven slip and falls can also be very serious and cause concussions, broken bones, back strains, vertebrae fractures, and broken teeth. It is very important to seek medical treatment as soon as possible after a 7-Eleven slip and fall if you feel pain or are suffering from other symptoms because even seemingly minor issues could get worse over time.

Proving a Case Against 7-Eleven

To pursue a lawsuit against 7-Eleven, you will need to prove that your injuries are not solely the result of your own recklessness or carelessness. In fact, you’ll need evidence that shows that the business and/or its employees directly caused your accident because of negligence.

Medical bills, hospital tests, and doctor notes can provide medical evidence for your case, as well as photos and videos you take at the scene of the accident while you are waiting for help to arrive. It is also useful to get contact information for witnesses who were in the 7-Eleven and saw you fall in the event that statements are needed from witnesses to prove your case. Slip and fall cases in New York can be worth a lot of settlement money if you have the right evidence to back up your claim and if you file a lawsuit within three years from the date of the accident.

Legal Help with your 7-Eleven Slip and Fall Case

If you have fallen in a 7-Eleven convenience store in New York City, the Law Office of Jeffrey K. Kestenbaum can help. We know what it takes to pursue big corporations with lots of legal and financial resources, such as 7-Eleven.

We have helped many injured clients obtain the proper legal documents to access convenience store security footage, while also preparing clients for opposing counsel’s tough questions at depositions and trial. We welcome the opportunity to hear your side of the story and learn about the details of your potential case against 7-Eleven.

Please contact us at 718-237-5586 to learn more about how personal injury cases work and what the next steps are in the process of pursuing a claim. We pride ourselves in offering dedicated and aggressive representation to bring negligent parties to justice, so don’t delay giving us a call after your fall.

construction site with cranes in nyc

How a Building Collapse Lawyer Can Help After your Construction Accident

Posted on April 1, 2022 by

When you walk into a building, probably the last thing on your mind is that it would ever begin to crumble and fall down upon you. However, building collapses are very possible and often result in severe injuries and death.

Here’s a look at why building collapses happen and how a building collapse lawyer can help if you or someone you love has been injured in a situation like this.

What Causes a Building to Collapse?

Various things can cause a building to collapse, including architectural defects, poor building materials, improper building maintenance, and issues with the building’s foundation. Fires, water damage, and not keeping up with regular inspections can also make a building fall down and hurt people.

If this happens, the architect, engineer, or property owner could be to blame for failing to create and maintain a safe structure. Other people who could be held responsible for a building collapse include the building’s inspector, initial builder, contractor, subcontractor, and maintenance company.

Natural disasters, such as earthquakes, can cause a building to collapse. These are situations out of everyone’s control, yet many building collapse accidents can be prevented by adhering to high standards in the construction industry and promptly reporting structural damage to the appropriate authorities.

Common Building Collapse Injuries

When a building collapses, the roof may cave in, the walls may fall down, and structural materials may come crashing to the floor. Construction workers are at a high risk of building collapse injuries, such as concussions, broken bones, burns, and limb amputations. Asphyxia, brain injuries, and toxic chemical exposure are also possible when a building falls on you.

What a Building Collapse Lawyer Does

A building collapse lawyer will investigate a victim’s claims and injuries to assess the damages suffered and options for legal recourse. This process will involve reviewing the accident details, building records, medical records, medical bills, witness statements, and expert opinions. With building collapse cases, it may be possible to pursue a personal injury case, premise liability claim, and/or workers’ compensation claim. These cases are worth pursuing because you may be able to recover compensation for medical bills, lost wages, pain and suffering, and even death benefits for families of victims.

The Law Office of Jeffrey K. Kestenbaum assists in Brooklyn construction accident cases, including ones involving building collapses. We fight for the rights of construction workers and other people injured at construction sites and know what it takes to be successful to win these types of lawsuits. If a settlement can’t be reached in your case, we will take your case to court so that you are fully and fairly compensated for how you have suffered in the building collapse.

When to Call a New York Building Collapse Lawyer

After seeking medical attention for your injuries, it is best to call a building collapse lawyer as soon as possible. These cases have a limited amount of time for filing a claim, which is typically three years from the date of the accident.

You can trust the Law Office of Jeffrey K. Kestenbuam to be on your side after a construction accident and to have your best interests at heart, starting from the moment we first hear your story. For a free legal consultation or to simply learn more about the process of filing a building collapse accident claim, please contact our office at 718-237-5586 or fill out our online form.

construction site in nyc

When and Why to Call an Electrocution Accident Lawyer in NYC

Posted on April 1, 2022 by

In this modern world, we depend upon electricity to power our devices, turn on our lights, and run our transportation systems. But while electricity is essential to so many aspects of life, it can also be very dangerous and result in serious bodily harm. A negligent party could also be to blame for an electric shock injury in the workplace when safety precautions are not taken.

Here is some information about what an electrocution accident lawyer does and when it is time to call an electrical shock lawyer if you have been hurt by a hazardous current.

How Electric Shock Injuries Happen

Electrocutions can happen in the home and in the workplace when a person is handling wiring and electricity. Any place with exposed wires and other electrical hazards can result in an electric shock injury. Construction workers may encounter these types of injuries while working with overhead and buried power lines. Professionals who work with roofing, siding, tree trimming, and water and sewer installation are commonly exposed to electrical wiring. Injuries may result due to improper grounding, damaged wiring, and poorly installed equipment.

Fortunately, most electrical shock accidents are preventable by taking extra care while handling wires, turning off power sources before working in dangerous areas, and by following safety protocols in the workplace.

Typical Electrocution Injuries

When the human body comes into contact with electricity through wires, machinery, metal, or power lines, a shock runs through the body. This type of pulse is very damaging to the body and can cause long-term damage to the nervous system, organs, and skin.

High voltage electric currents are more dangerous than low voltage ones and can even result in death. Common injuries include burns on the skin, malfunctioning of the internal organs, reduced cognitive abilities, and ventricular fibrillation. If the heart muscles contract too much due to an electric shock, the heart may actually stop beating.

What an Electrical Shock Lawyer Does

Electrical accidents are usually very serious and cause significant harm to a person’s body. This results in costly medical bills, lost wages from missed time off work, and other damages.

If you or someone you love has been involved in one of these accidents, it is best to call an electrical shock lawyer before talking to insurance companies or allowing anyone to record your statement about the accident. An electrocution accident lawyer will review all of the details of your case and can file a personal injury lawsuit and/or premises liability claim on your behalf to seek maximum compensation for your injuries if someone else’s negligence caused your accident to happen.

Why Choose Us for Your Electrocution Accident Lawyer

Electrocution accidents are just one of the many types of construction accident cases that we help clients with at the Law Office of Jeffrey K. Kestenbaum. We understand how dangerous construction sites can be if they aren’t properly maintained and safety protocols followed. And we stand up for the rights of construction workers and also non-workers who simply happen to be passing through construction areas and become victims of work site injuries. We are the law firm that New Yorkers trust because we know how to work with experts to evaluate the value of your case and protect you if anyone tries to blame you for your injuries.

To discuss your electrocution accident case and for a free case review, contact our office 24/7 at 718-237-5586.

woman leaning over bathroom sink

Types of Slip and Fall in Bathroom Accidents and When to Call an Attorney

Posted on February 28, 2022 by

Bathrooms can be seriously dangerous places – whether they’re in a private home, rental apartment, hotel, restaurant, or other public space. Slip in fall in bathroom accidents are more common than you might think and can affect everyone from toddlers to elderly adults and even the most agile athletes.

It is possible that you cause the accident yourself by being reckless, inebriated, or not paying attention to your surroundings. But a bathroom slip and fall accident could also be due to landlord negligence, hotel negligence, or restaurant negligence.

Here are some examples of why bathroom slip and fall accidents happen and when it’s time to call a personal injury attorney for help.

Reasons for a Slip and Fall in the Bathroom  

Bathrooms are notoriously wet and slippery places due to splashed water, leaky plumbing, and dripping bodies as they get into and out of the shower. Falls can also happen because of broken bathroom tiles on the floor, an overflowing toilet due to a clog, and spilled hygiene products that aren’t promptly cleaned up.

It is very common for people to slip and fall while getting into or out of the shower or bathtub, and these falls commonly result in bruising, cuts, scrapes. But depending on the severity of the fall and what you hit on your way down to the ground, you might also suffer from a concussion, neck and back injuries, and broken bones.

When a Landlord Is to Blame

If you rent an apartment in New York City and fall in your bathroom, you might have a personal injury case against your landlord. These cases can be tricky, so it’s best to work with an experienced local lawyer to pursue a slip and fall settlement.

Landlords are not legally required to install safety measures in apartment bathrooms, such as non-slip floor mats or handrails. But if another condition was making the bathroom unsafe, such as broken floor files, a worn-out shower floor, or a building code violation, landlord negligence may come into play.

When a Hotel Is to Blame

Hotels have a duty under the law to make bathrooms safe for their guests, so you may also be able to pursue a case based on landlord negligence. With your attorney, you may be able to prove that cleaning products were not properly rinsed out of the hotel bathtub or that the shower was left in an unsafe condition and not repaired. But to prove a hotel negligence case, you’ll need to show that management was aware (or should have been aware) of the unsafe conditions that caused your fall and that they failed to do anything about the issues.

When a Restaurant Is to Blame

Likewise, it is possible that a restaurant is to blame for you slipping and falling in the establishment’s bathroom. For example, this could occur if the staff mopped the floor and did not put out a caution sign to warn about the slippery surface. Who you can sue may also be affected by if the restaurant is located on an independently owned property or in a shopping center that’s part of a multi-unit building and owned by another company.

Call Us When You Slip and Fall in the Bathroom

But no matter what type of bathroom you fall in, it is definitely worth a call to an attorney to discuss the details and determine whether you have a case against a negligent party. For a free consultation, contact us online or by phone at 718-237-5586.

What to Do If You’ve Had a Starbucks Slip and Fall Accident

Posted on February 28, 2022 by

Grabbing a cup of Starbucks coffee is a daily ritual for many New Yorkers, and there are hundreds of Starbucks stores around the city. While most coffee shop experiences are pleasant and uneventful, a trip to Starbucks can also be devastating and costly if you fall in or around the shop.

Here is how Starbucks slip and fall accidents happen and what to do after you’ve suffered from a fall in a NYC Starbucks.

Causes of Slip and Fall at Starbucks Accidents

A lot of things can go wrong inside a Starbucks coffee shop that go far beyond just getting the wrong cappuccino order or the shop being out of your favorite pastry. These are some of most common scenarios that happen inside NYC Starbucks shops that result in injuries and lawsuits.

  • Puddles of water on the floor from spilled drinks
  • Rain and snow tracked in from the outside
  • Construction work going on just outside the shop
  • Ripped and torn floor mats and rugs
  • Broken tables or chairs in the shop
  • Not placing a caution sign after mopping floors
  • Wet or damaged bathrooms

Common Injuries After a Fall in a Starbucks

Slip and fall at Starbucks accidents can be very minor and give you little more than public embarrassment. But they can also be very serious and cause injuries such as these:

  • Concussion
  • Brain injury
  • Whiplash
  • Sprained ankles and wrists
  • Broken hips and knees
  • Headaches
  • Bruises
  • Cuts and scrapes

Proving Liability Against Starbucks

Starbucks is responsible for keeping the stores safe and adhering to Starbucks company policies. It is common for Starbucks to simply apologize for the inconvenience of a patron’s fall and offer a free cup of coffee as a consolation prize. But if you’ve been seriously injured due to the shop’s negligence, then you’re entitled to much more than just that.

You may be able to pursue a case against the Starbucks corporation after a fall if the owner and staff did not provide proper signage, remove broken furniture, or clean up spills in a timely way. To be successful, you must show that your fall would not have happened if the shop weren’t responsible for it. One way to show this is to get statements from other people in the coffee shop who witnessed your accident and can corroborate your story. Medical documentation of your related treatment, evidence that you have been losing earnings at your job, and invoices to show your accident-related costs will also help to prove your case against this giant coffee retailer.

Get Legal Help with Your Starbucks Slip and Fall Case

At the Law Office of Jeffrey K. Kestenbaum, we can help you prove that Starbucks and/or another party was negligent and that this negligence caused your slip and fall at Starbucks injuries. Going up against such a big name as Starbucks can be intimidating, but we bring even the most powerful companies and individuals to justice so that you can get the compensation you deserve and get on with your life.

If you have suffered a Starbucks slip and fall accident, you need Attorney Kestenbaum on your side. Contact us today at 718-237-5586 for a free legal consultation and to learn more about whether you have a valid claim against a NYC Starbucks shop.

apartments in Brooklyn, NYC covered in snow

How to Sue your Landlord for Falling on Ice at Your Apartment

Posted on January 31, 2022 by

New Yorkers are no strangers to dealing with snowy and icy weather during our long winter months. But slippery surfaces can catch any pedestrian off-guard, regardless of age or athletic ability.

If you slip and fall on ice around your apartment, you might wonder if you could pursue a personal injury case against your landlord for failing to keep the area safe. This article answers the question, “Can I sue my landlord for falling on ice?” and covers how to prove that your landlord was to blame for your injuries.

Common Icy Areas Around Apartments  

Around New York City apartments, you’ll often find ice accumulating on sidewalks around the property, on exterior stairs, and in parking lots. It is not reasonable to expect your landlord to instantly remove ice from surfaces as soon as precipitation starts falling from the sky. Yet landlords are legally required to provide various things in apartments under their control to protect you from harm. Part of the responsibility of being a landlord involves watching the weather forecast, being familiar with potentially icy spots around the property, and either handling ice removal themselves or hiring a crew to do it.

Typical Injuries from Icy Falls

Slip and fall accidents on ice can result in very minor injuries that are little more than an embarrassment, as well as severe bodily damage that is life-changing. These are some common injuries that result from falls on ice:

  • Concussions
  • Broken bones
  • Back injuries
  • Spinal compression fractures
  • Herniated spinal discs
  • Shoulder separations
  • Fractured wrists
  • Muscle sprains

Proving Liability for a Slip and Fall on Ice

According to the City of New York Department of Sanitation, “every owner, lessee, tenant, occupant, or other person having charge of any lot or building must clean snow and ice from the sidewalks adjacent (i.e., in front of, on the side of, in back of) to their properties.” If snow stops falling between 7am and 4:49pm, you have four hours to clear it away, and you have 14 hours to clear it when snow stops between 5pm and 8:59pm. Meanwhile, you have until 11am the next day to clear sidewalks when snow stops between 9am and 6:59am.

Check your rental agreement for details about whose responsibility it is to remove ice and snow. It is common for landlords to be responsible for maintaining common walkways at multi-unit rental properties. Yet some lease agreements list snow removal as the tenant’s responsibility, so it really does vary from one contract and building to the next.

Can I Sue My Landlord for Slipping on Ice?

To determine the answer to this question for your specific circumstance, contact the Law Office of Jeffrey K. Kestenbaum. As your local landlord negligence attorney, we will review the details of your accident and advise you how to best proceed with your case. We will use all available evidence to make you successful with your claim, including photos of the icy surface, testimonies from your neighbors, and medical records that document your injuries.

To learn more about how pursuing a personal injury case works and for a free consultation, contact our office at 718-237-5586 or via online form. We encourage you to be safe and careful outside during icy conditions but are here for you 24/7 when winter accidents happen unexpectedly.

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