young female walking in a convenient store

What You Should Know About Walgreens Slip and Fall Settlements


Posted on June 1, 2021 by

With 564 Walgreens locations in New York, these pharmacies are convenient for prescriptions and daily essentials. But slip and fall accidents happen often due to spills, cluttered aisles, and unsafe conditions that put customers at risk.

If you slipped and fell in a Walgreens, you may be entitled to compensation. Here’s what you need to know about filing a claim and securing a settlement.

How Slip and Fall Accidents Happen in Walgreens

Despite corporate safety policies, Walgreens stores have many slip and fall hazards:

  • Spills from beverages, lotions, and other liquids create slick floors.
  • Dropped merchandise like food, beauty products, and household items can cause tripping hazards.
  • Recently mopped floors—especially in bathrooms—are common fall zones.
  • Sidewalks, parking lots, and store entryways become dangerous in rain, snow, and ice.

These conditions can lead to serious injuries, from broken bones to head trauma.

Proving Liability in a Walgreens Slip and Fall Case

To win a Walgreens slip and fall settlement, you must prove that store negligence caused your injury. This means showing that:

  1. A hazardous condition existed (e.g., an unmarked spill or icy walkway).
  2. Walgreens employees knew—or should have known—about the hazard.
  3. The store failed to take reasonable steps to fix the issue.

If Walgreens neglected its duty to keep the premises safe, you may have a strong personal injury claim.

What to Do After a Slip and Fall at Walgreens

Taking the right steps after a Walgreens slip and fall can make or break your case:

  • Get medical attention immediately—your health comes first, and medical records serve as key evidence.
  • Report the fall to a Walgreens employee and request an incident report.
  • Take photos of the scene, including spills, floor conditions, and any warning signs (or lack thereof).
  • Get contact information from witnesses who saw what happened.

New York has a three-year statute of limitations for personal injury claims. Waiting too long could cost you your right to compensation.

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

Not every accident is preventable, but you can reduce your risk:

  • Stay alert—don’t text or scroll on your phone while walking.
  • Watch for wet floor signs and avoid freshly cleaned areas.
  • Wear secure footwear to minimize slipping on smooth surfaces.

Taking these precautions can help you stay safe and avoid counterclaims that you contributed to your own accident.

Where to Get Legal Help After a Slip and Fall in Walgreens

A slip and fall accident in Walgreens can leave you with medical bills, lost wages, and pain and suffering—but you don’t have to face it alone.

At Jeffrey K. Kestenbaum Law, we know how to fight corporate legal teams and secure maximum compensation for injury victims. Walgreens and other big retailers set aside millions for settlements—don’t leave money on the table.

Call 718-237-5586 today or fill out our online form for a free consultation. We’ll review your case and help you get the compensation you deserve.

Busy Street Crossing

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

In any restaurant, including Dunkin’ Donuts, numerous things can go wrong and result in injuries. Accidents at Dunkin’ Donuts can occur due to:

  • Spilled food or beverages that create slippery surfaces
  • Improperly secured doormats that become tripping hazards
  • Inadequate lighting inside or outside the restaurant
  • Rain or snow causing slippery conditions at entrances

These types of Dunkin’ Donuts accidents can result in injuries such as:

  • Concussions
  • Broken bones
  • Sprains
  • Bruises and cuts

While some injuries are apparent right away, others may take time to surface and lead to long-term medical expenses.

Proving Negligence After a Dunkin’ Donuts Slip and Fall

The Dunkin’ Donuts company and its franchise locations have a duty to keep customers safe and address hazards promptly. To prove negligence in a Dunkin’ Donuts accident, you must demonstrate that:

  • Dunkin’ Donuts was aware of a hazardous condition
  • Management failed to address the hazard in a reasonable amount of time
  • Your injuries were directly caused by this negligence

If the hazard persisted for an extended period without attention, your claim of negligence becomes stronger. However, if you contributed to your own injuries through distraction or carelessness, it may reduce your compensation.

Pursuing a Claim Against Dunkin’ Donuts

Victims of slip and falls at Dunkin’ Donuts have won settlements by working with experienced personal injury attorneys. Factors that determine settlement amounts include:

  • Severity of injuries
  • Medical expenses
  • Dunkin’ Donuts’ response to the safety hazard
  • Loss of work due to the injury

Despite Dunkin’ Donuts being a large corporation, you can still pursue a claim and seek justice for the accident at Dunkin’ Donuts that caused your injury.

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.

High-beam construction worker.

Why You Need a NYC Construction Accident Lawyer


Posted on March 31, 2021 by

Why Hiring an NYC Construction Accident Lawyer Matters After a Work Injury

Construction is one of the most dangerous industries in New York City. Workers face daily risks from falls, heavy machinery, falling debris, electrical hazards, and unsafe work sites. When accidents happen, the injuries are often severe and life-changing. 

If you have been hurt on the job, working with an experienced NYC construction accident lawyer can make a significant difference in protecting your rights and securing compensation for you and your family. 

At the Law Office of Jeffrey K. Kestenbaum, we represent injured construction workers throughout Brooklyn and New York City and fight to hold negligent parties accountable. 

Experienced Legal Guidance After a Construction Site Injury

Construction accident claims are not simple. They often involve multiple parties, including property owners, general contractors, subcontractors, equipment manufacturers, and site managers. Determining who is legally responsible requires a thorough investigation and a strong understanding of New York labor laws. 

An experienced construction site accident lawyer in NYC can: 

  • Investigate the cause of your accident 
  • Gather job site records and safety documentation 
  • Identify all responsible parties 
  • File claims within the required legal deadlines 
  • Negotiate with insurance companies 
  • Take your case to trial if necessary 

One of the most important parts of any case is proving liability. Construction companies and insurers frequently attempt to shift blame onto injured workers. A lawyer who regularly handles construction accident cases understands these tactics and knows how to counter them. 

Navigating New York’s Complex Construction Laws

New York has unique labor laws that protect construction workers, including statutes that address scaffold accidents, falling objects, and unsafe worksites. However, asserting your rights under these laws requires legal knowledge and experience. 

Construction cases are often complicated by: 

  • Multiple contractors working on the same site 
  • Disputes over safety training and supervision 
  • Claims that the worker caused the accident 
  • Pressure to accept a quick settlement 

Even if your injuries seem minor at first, it is wise to speak with an NYC construction accident lawyer as soon as possible. Some injuries worsen over time, and early legal guidance helps preserve evidence and protect your claim. 

Questions to Ask a Construction Site Accident Lawyer NYC

When contacting an attorney after a work injury, it helps to be prepared. During your consultation, consider asking: 

  • Have you handled cases similar to mine? 
  • What results have you achieved in construction accident cases? 
  • How long have you been representing injured workers? 
  • What compensation may be available in my situation? 
  • Do cases like mine typically settle or go to trial? 
  • What are your fees, and how are they structured? 
  • How long might my case take to resolve? 

The answers to these questions can help you feel confident that you are choosing the right attorney to represent you. 

Hire a Trusted NYC Construction Accident Lawyer

If you were injured on a construction site due to unsafe conditions, falling debris, faulty equipment, or inadequate safety protections, you may be entitled to compensation for: 

  • Medical expenses 
  • Lost wages 
  • Pain and suffering 
  • Future rehabilitation costs 

Jeffrey K. Kestenbaum has extensive experience representing injured construction workers in Brooklyn and throughout New York City. Our firm provides personalized attention and aggressive representation focused on achieving meaningful results. 

To speak with an experienced NYC construction accident lawyer, call 718-237-5586 or contact our office online to schedule a consultation. 

A Crowded Times Square

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.

Worker uses safety harness.

NYC Construction Site Hazards: Causes of Accidents


Posted on February 26, 2021 by

How Slips, Trips, Falls, and Fatalities Happen on NYC Construction Sites

Work in the construction industry is inherently risky, no matter where the job site is. But in New York City, construction workers face towering skyscrapers, heavy traffic, and harsh weather year-round.  

Many construction site hazards exist in New York, leading to slips, trips, and falls that result in catastrophic injuries and even fatalities. At the Law Office of Jeffrey K. Kestenbaum, we’re here to help you understand why these incidents occur and how you can legally protect yourself or a loved one after a construction accident.  

The Dangers of Construction Sites in NYC 

Slips, trips, and falls are the most common causes of construction site injuries and deaths in New York City. The leading causes of fatal construction accidents often involve scaffolding, ladders, and roofs.  

However, construction site hazards don’t just occur at high elevations. Even ground-level slips and trips can result in severe injuries, including traumatic brain injuries, spinal cord damage, fractures, internal injuries, and death.   

Types of Hazards in Construction Sites  

NYC construction accidents often involve familiar physical hazards, such as wet or slippery walking surfaces from rain, ice, concrete slurry, spills, or debris. Construction materials scattered in walkways can cause even the most experienced construction worker to lose their footing.  

Falls from heights are particularly deadly for workers, especially when there are construction site hazards like platforms without proper guardrails or safety nets. Federal OSHA standards also require protections such as harnesses and fall-arrest systems to keep workers safe on elevated surfaces.  

Construction site safety hazards also arise from cluttered, obstructed work areas filled with loose cords, tools, hoses, and leftover materials. Poor lighting and visibility in interior areas and during nighttime shifts can increase the risk of trips and falls.  

Other issues to be mindful of at construction sites include defective and improperly used equipment. Due to NYC’s varied climate, rain, ice, snow, and wind can make construction surfaces slick and treacherous, increasing the likelihood of incidents.  

When Construction Site Hazards Lead to Fatalities  

When unsafe job site conditions aren’t corrected, the consequences can be tragic. Unfortunately, many construction workers die due to falls from height, being struck by falling objects, and serious trip and slip accidents.  

At times, one or more individuals, a company, or another entity is responsible for failing to follow safety protocols, not ensuring required protections, or disregarding regulations. If a construction worker’s death is a result of this negligence, the family of the deceased may pursue a wrongful death claim for financial and emotional hardship.  

Taking Action After a Construction Site Accident  

Fortunately, numerous legal protections are in place to protect injured construction workers and their families in New York. If you or a loved one has suffered an injury or been killed because of these types of hazards in construction sites, you may be entitled to compensation beyond workers’ compensation benefits.  

It is essential to seek immediate medical attention for construction site injuries and to document all injuries and treatments to protect your legal rights. Reporting the incident to a site supervisor and documenting the hazard conditions with photos and witness accounts is also crucial.  

The Law Office of Jeffrey K. Kestenbaum is here to help you navigate the legal process, identify all liable parties, and pursue maximum compensation. We represent people injured and killed in construction accidents in Brooklyn and throughout NYC.  

We recognize that construction work builds and maintains our incredible city – and that no one should have to suffer a devastating injury or death because of preventable construction site hazards.  

To learn more about your rights and to tell us your story, please contact us today at 718-237-5586 for a free consultation.  

A worker who slipped and fell.

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 all retail stores, Home Depot has a legal responsibility to provide a safe and clean shopping environment. When a store fails to meet this obligation, it can be held liable for injuries that occur on the premises due to negligence.

Slip and fall accidents at Home Depot often result from:

  • Liquid spills from leaking cleaning supplies

  • Wet floors in garden centers due to watering

  • Construction materials left in aisles

  • Tripping hazards from poorly stacked or misplaced boxes

  • Recently mopped floors without visible warning signs

  • Paint or chemical spills

  • Poor lighting in store aisles

  • Slippery entryways after rain or snow

  • Uneven pavement or potholes in the parking lot

Actions to Take after A Slip and Fall at Home Depot

Slip and fall injuries at Home Depot can be more serious than they first appear, potentially leading to high medical costs and long-term physical complications. Common injuries include broken bones, bruising, and trauma to the neck, back, or spine. Seeking immediate medical attention is essential—not just for your health, but also to strengthen your personal injury claim.

To protect your legal rights:

  • Take photos of the accident scene and your injuries

  • Keep the clothes and shoes worn at the time of the fall

  • Notify a store manager and request a copy of the incident report

  • Avoid admitting fault or making public statements

  • Contact a slip and fall lawyer before discussing the incident with anyone else

How Slip and Fall Home Depot Claims Are Settled

To win a slip and fall case against Home Depot, you must prove that the store owned or controlled the property and that it failed to maintain a safe environment. You’ll also need to show that your injuries were a direct result of that negligence and not due to your own carelessness.

Strong evidence can help support your claim, including:

  • Surveillance footage of the accident

  • Witness statements

  • Medical records documenting your injuries

Having an experienced slip and fall attorney is crucial when pursuing compensation from a major 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.

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.

mta buses in queens, new york

How to Handle MTA Injury Claims If You’ve Been in a Bus Accident


Posted on December 23, 2020 by

The Metropolitan Transportation Authority (MTA) operates the largest municipal bus fleet in the U.S., with approximately 5,725 buses serving over 200 local and 30 express routes across all five boroughs. While this public transportation system is a vital resource for New Yorkers, it is not immune to accidents that cause serious injuries to passengers, pedestrians, and drivers.

If you’ve been involved in a bus accident in New York City, here’s what you need to know about handling MTA injury claims effectively and protecting your legal rights.

Common Causes of MTA Bus Accidents

MTA buses are involved in numerous collisions each year with other vehicles, pedestrians, and stationary objects. Slip-and-fall accidents also occur inside buses due to wet or icy conditions. Accidents are often caused by driver negligence, such as distracted driving, speeding, or intoxication. Crowded urban environments contribute to frequent collisions, and poor road conditions, including bad weather or construction zones, increase the risk of crashes. Maintenance failures, such as defective bus equipment or delays in necessary repairs, can also play a significant role.

Understanding these causes highlights the importance of holding negligent parties accountable when a bus accident occurs.

Common Injuries in Bus Accidents

Even seemingly minor bus accidents can result in painful injuries, including whiplash, cuts, scrapes, and bruises. However, because of the size and momentum of buses, accidents often cause more severe injuries. Victims may suffer broken bones, fractures, traumatic brain injuries such as concussions, severed limbs, or, in the most tragic cases, fatal injuries.

If you’ve been injured in an MTA bus accident, seeking immediate medical attention is crucial. Timely documentation of your injuries also plays a critical role in supporting your legal claim.

Suing the MTA for Bus-Related Injuries

Filing a claim against the MTA is not the same as filing a typical personal injury case. Strict deadlines and specific legal procedures apply. If another driver caused the accident, you may be able to file a claim through that driver’s insurance company. However, if the MTA or one of its bus drivers was at fault, you may sue the MTA directly for negligence.

In some cases, responsibility may be shared among multiple parties, including the MTA, the bus driver, and third-party drivers. Pursuing a claim against the MTA often allows for access to larger insurance policies than individual drivers typically carry, but navigating these cases can be complicated without legal help.

Proving Negligence in an MTA Bus Accident

Proving negligence in an MTA injury claim can be complex because of the many parties involved. Bus accident claims fall under common carrier law, which holds transportation providers like the MTA to a heightened duty of care for passenger safety.

Strong evidence is essential to building a successful case. Important forms of evidence include photographs of the accident scene, police and weather reports, witness statements, medical records and bills, and proof of lost wages. Although the MTA has a clear duty to protect passengers, documenting the full extent of negligence strengthens your chances of a favorable outcome.

How a NYC Injury Attorney Can Help With Your MTA Injury Claim

Handling MTA injury claims can feel overwhelming, especially when you’re facing a large public authority and complex legal procedures. An experienced NYC bus accident lawyer can help you navigate the process, protect your rights, and fight for the compensation you deserve.

At The Law Office of Jeffrey K. Kestenbaum, we have successfully represented many clients injured in MTA accidents. We fight tirelessly to recover damages for medical expenses, lost income, and pain and suffering. Our legal team knows how to build strong cases against the MTA and any other negligent parties involved.

Don’t let the complexity of an MTA injury claim or the size of the organization discourage you from seeking justice. Contact us today at 718-237-5586 or reach out online to schedule a free consultation. We are here to help you move forward after your bus accident with the support, experience, and advocacy you need.

Person carrying grocery basket in store

What You Should Know About Grocery Store Slip and Fall Settlements


Posted on December 23, 2020 by

New Yorkers typically visit grocery stores at least once a week to stock up on food and supplies to prepare meals at home. Having an accident in a grocery store is usually the last thing on our minds as we move through the aisles, but these retail establishments are actually a major cause of injuries because of someone else’s negligence.

Here are some details about how grocery store accidents often occur and how a Brooklyn injury attorney can help with grocery store slip and fall settlements.

Common Causes of Grocery Store Accidents

One of the most common ways that people fall in grocery stores is by tripping over the carpet or mat by the front door. These are in place to reduce wetness when coming in from the outdoors, but they can also pose tripping hazards when they become bunched-up or torn.

Liquid spills, either from an employee mopping the floors or a shopper knocking a liquid item off a shelf, also cause falls. Even solid spills, such as a bag of rice, can be fall hazards. Loose packing materials left on the ground, ice that escapes onto the floor in the freezer aisle, and pooled water by the produce misters can also make you fall while you’re shopping.

Proving Negligence Against a Grocery Store

Grocery stores have a responsibility to keep shoppers safe from hazards, which means that you can sue a grocery store for a premises liability claim after an injury. Even if the grocery store did not create the hazard, it can be held liable for a person’s slip-and-fall injuries if staff was made aware of the condition and did not fix it in a timely way. Therefore, you’ll need to be able to prove that the grocery store staff allowed a spill, torn carpet, or other hazard to exist for an unreasonably long time after being told it existed.

If you slipped and fell immediately after a spill happened, the grocery store probably could not be held liable because there was no reasonable way for a staff member to tend to it before you got there. You may also need to prove that you were exercising reasonable caution while shopping in the store and that you weren’t too distracted to safely avoid a hazardous condition.

Get Help with Your Grocery Store Injury Case

Taking on a grocery store after you’ve slipped and fallen can feel like an uphill battle if you don’t have an experienced lawyer on your side. At the Law Office of Jeffrey K. Kestenbaum, we will meticulously investigate your claim to find out who was to blame for your injuries by accessing surveillance tapes, interviewing witnesses, and linking injuries documented in your medical records to the accident that occurred.

We understand how dangerous grocery stores can be if they aren’t properly maintained, and we will fight for you and stand up for your rights to the fullest extent of the law. Contact us at 718-237-5586 for your free slip and fall consultation to get started.

Cop at auto accident

Drunk Driving Pedestrian Accidents in NYC and Your Legal Rights


Posted on November 30, 2020 by

Legal Options After a Drunk Driver Hits a Pedestrian in NYC 

Did you know that slightly more than one-third of fatal traffic crashes in New York involve alcohol in an average year?
Drunk driving is a serious problem in New York City, not only because of automobile collisions, but also because of the sheer number of pedestrians on NYC streets at any given time. If a drunk driver hits a pedestrian, the injuries are often severe and life-changing. Understanding your legal rights after this type of accident can help you determine whether speaking with a pedestrian accident attorney is necessary. 

How Drunk Driver and Pedestrian Accidents Happen 

When a person drives under the influence of alcohol, their reaction time slows, and judgment is impaired, making it difficult to respond to unpredictable pedestrian activity. Under New York law, a driver may be considered legally impaired with a blood alcohol concentration above 0.05%, and legally intoxicated at 0.08% or higher 

Drunk drivers often strike pedestrians while they are crossing the street, whether inside a crosswalk or outside of one. In other cases, impaired drivers lose control and drive onto sidewalks, hitting pedestrians standing at street corners, waiting outside buildings, or walking along the curb. These accidents frequently occur at night and on weekends, when impaired driving is more common. 

Common Injuries in Drunk Driving Pedestrian Accidents 

Pedestrian injuries are often severe when a person on foot comes into contact with a motor vehicle. Broken bones are common, along with excessive bruising, internal injuries, and head trauma. 

Traumatic brain injuries can have long-lasting consequences, including memory loss, cognitive impairment, and emotional changes. Victims suffering from concussions or more serious head injuries may need assistance from a traumatic brain injury lawyer who understands the long-term impact of these conditions. 

Pedestrians are also frequently left with serious fractures to the arms, legs, hips, or ribs. In these cases, working with a bone fracture lawyer can help ensure the full scope of orthopedic injuries is considered when pursuing compensation. 

Tragically, many pedestrians do not survive these accidents. In a recent year, more than 7,000 alcohol-related crashes in New York resulted in approximately 335 deaths statewide, highlighting the deadly consequences of impaired driving. 

A Pedestrian’s Legal Rights After an Accident 

A pedestrian who has been hit by a drunk driver has the legal right to file a lawsuit against the negligent driver. Driving while intoxicated is considered negligence under New York law, meaning the injured pedestrian may pursue compensation for damages. 

If the collision results in death, a representative of the pedestrian’s estate may file a wrongful death lawsuit on behalf of surviving family members. An experienced drunk driving accident attorney in NYC can help investigate the accident, gather evidence of intoxication, and build a strong claim. 

New York’s Implied Consent Law also applies in these cases. Drivers are deemed to have consented to chemical testing of their blood, breath, urine, or saliva, and refusal results in automatic license suspension. 

What Compensation May Be Available After a Drunk Driving Accident  

Because injuries in drunk driving pedestrian accidents are often extensive, victims may be entitled to substantial compensation. This can include medical expenses, lost wages, pain and suffering, and long-term care needs. 

While medical bills may be straightforward to calculate, non-economic damage such as emotional trauma, loss of quality of life, and future limitations is more complex. This is why working with an experienced pedestrian accident attorney is so important. 

The Role of Auto Insurance 

Another important factor in drunk driving pedestrian cases is the insurance coverage available. In many cases, compensation comes from the driver’s auto insurance policy rather than directly from the driver. 

If coverage is limited or nonexistent, recovering full compensation can be challenging. In these situations, guidance from an auto accident lawyer can help identify all available sources of recovery and maximize compensation. 

Get Help After a Drunk Driver Pedestrian Accident in NYC 

If you or someone you love has been injured after a drunk driver hit a pedestrian, the Law Office of Jeffrey K. Kestenbaum can help. We understand the physical, emotional, and financial toll these accidents take and are committed to guiding you through every step of the legal process. 

Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team review your case and explain your legal options.

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