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.

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.

Slip-and-fall accidents can happen anywhere, but apartment complexes are among the most common locations for these incidents in New York City. With nearly two-thirds of New Yorkers renting apartments, many tenants may have valid legal claims if a fall occurs due to negligence.

This guide outlines the steps to take after a slip-and-fall accident at an apartment complex, from seeking medical care to filing a claim for compensation.

Common Causes of Slip-and-Fall Accidents at Apartment Complexes

While some accidents occur because the individual wasn’t cautious or was under the influence of drugs or alcohol, others are the result of landlord negligence. Examples of landlord negligence include:

• Failure to remove snow and ice from sidewalks and entryways
• Inadequate lighting in common areas
• Unrepaired broken flooring or staircases
• Lack of cautionary signage during maintenance or repairs

Landlords are legally required to maintain safe living conditions for tenants and visitors. Failing to do so can make them liable for injuries sustained on the property.

Step 1: Assess Your Injuries and Seek Medical Treatment

Your first priority after a slip-and-fall accident is to take care of yourself. Common injuries from these incidents include:

• Broken bones
• Concussions and other traumatic brain injuries from head impacts
• Severe injuries from falls down stairs or near traffic

Prompt medical attention is crucial, not only for your recovery but also for documenting your injuries as evidence for your claim.

Step 2: Collect Evidence to Support Your Claim

If you suspect landlord negligence caused your accident, gather evidence to strengthen your case. Key evidence may include:

• Your lease agreement: Highlight clauses that assign maintenance responsibilities to the landlord.
• Communications with your landlord: Emails or messages reporting hazards that were ignored.
• Photographs: Capture the accident scene and any hazards, such as icy sidewalks or broken stairs.
• Witness statements: Neighbors or bystanders who saw the incident or are familiar with the hazard.
• Medical records: Documentation of your injuries and treatment.

The sooner you collect evidence, the stronger your claim will be.

Step 3: Determine Fault in Your Case

To hold your landlord accountable, you must prove their negligence caused your injuries. In general:

• Landlords are responsible for maintaining common areas, including hallways, entryways, staircases, and sidewalks.
• Tenants are responsible for hazards within their own apartments.

The burden of proof is on you to show that the landlord failed to meet their legal responsibilities, resulting in your accident.

Step 4: Work with a Trusted Personal Injury Attorney

At the Law Office of Jeffrey K. Kestenbaum, we specialize in personal injury cases, including apartment slip-and-fall accidents. Our experienced team will:

• Investigate the accident to determine fault
• Prove your injuries are directly related to the incident
• Negotiate with insurance companies on your behalf
• File court documents and represent you in court if needed

We are committed to getting you the compensation you deserve for medical bills, lost wages, and pain and suffering.

Call us 24/7 at 718-237-5586 or fill out our online contact form for a free consultation with our Brooklyn-based legal team.