Category Archives: Brooklyn Landlord Negligence Attorney

businessman walking in the 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.

Classic residential buildings in midtown upper Manhattan

Understanding the Liability of Landlords for Injuries on a Rental Property

Posted on January 31, 2022 by

Being a landlord can be a very challenging type of work because of ongoing property maintenance, dealing with tenants, and the potential of being held liable for various accidents. For example, landlords in New York can be held responsible for slip and fall injuries on a rental property and be sued for large sums of money if they fail to uphold their duties.

As a resource for landlords, tenants, and anyone who has suffered a personal injury on rental property, here’s what you should know about landlord liability and pursuing a lawsuit against a landlord.

Stair Injuries Due to Landlord Negligence

Among the most common types of landlord negligence cases that we see at the Law Office of Jeffrey K. Kestenbaum are stair injury cases. Many apartment buildings in New York City have stairs that have become worn down, broken, slippery, or unsafe for various reasons.

A tenant can pursue a lawsuit against the landlord by proving that the landlord was made aware of a stair hazard and ignored it, did not fix it in a timely way, or did not post warning signs about it.

Broken Floor Injury Due to Landlord Negligence

Many people in Brooklyn have been successful in pursuing slip and fall settlements after being injured because of a broken floor. Landlords have a responsibility to make reasonable repairs in the buildings they oversee. This includes repairing or replacing flooring that has become loose, cracked, peeling, broken, or poorly installed.

Meanwhile, tenants are responsible for notifying their landlords when they notice a problem with the flooring. But even if a tenant was partially to blame for a slip and fall on a rental property, it is possible for that tenant to still recover some monetary compensation for related injuries in New York.

Ceiling Collapse Due to Landlord Negligence

Ceiling collapses in rental properties happen more often in New York than you might expect, and landlords can be to blame for this type of structural failure. A collapsing ceiling can cause very serious injuries, including neck injuries, concussions, and brain damage.

The challenge with these cases is proving that the landlord knew about the warning signs of a potential ceiling collapse and did not take action to prevent an emergency situation. Photos to document the damage, copies of written requests asking for repairs, and statements from neighbors who also witnessed the situation can be very helpful for pursuing these cases.

Legal Help with Your Landlord Case

These are just three of the many types of situations in which you might suffer an injury on a rental property when someone else is to blame for your getting hurt. Our law firm specializes in handling landlord negligence cases and proving negligence based on the evidence and expert and witness testimony.

We are here to help you the process of investigating and pursuing a claim against the at-fault party or parties to help you pay for medical bills, lost wages, and other damages. Contact us at 718-237-5586 or send us a message to get started and ask us any questions you have about the liability of landlords for injuries on rental properties.

a staircase in an apartment building in new york

Understanding Stair Injuries Due to a Landlord’s Negligence

Posted on November 19, 2021 by

Although many residential buildings in New York City have elevators, others only have stairs because they are older structures. Meanwhile, tenants often take the stairs to stay in shape or because they don’t want to wait for slow elevators. Climbing stairs is great exercise, but it can also lead to serious stair injuries if the passageways are not properly maintained by the person in charge of the building.

Here’s what you need to know about stair injuries in NYC and when it’s time to call an attorney to bring a landlord to justice.


Types of Stair Injuries

Stair injuries commonly happen due to stairs that have become broken or worn down over time. They also occur because of broken handrails, poor lighting, ripped carpet covering the stairs, or slippery conditions due to wet weather.


Common injuries that result from a fall on stairs include concussions, broken bones, spinal cord injuries, back and neck injuries, and bruising. These injuries can be painful and expensive to pay for because of their long-lasting effects and ongoing treatment required.


Tenants may fall on stairs when they are in a hurry and rushing to get out the door, because they are intoxicated, or because they are scrolling on their phones and not paying attention to their surroundings. Contributory negligence is a factor when a person is partially (or even mostly) at fault for his or her own injuries. But in the state of New York, you can still pursue a successful case against a landlord if you share some of the blame for a staircase accident. If this is the situation, it is important to work with an experienced personal injury attorney to get the highest value settlement possible given the circumstances of your stair injuries.


When Is a Landlord at Fault for Stair Injuries?

A landlord may be held liable for your stair injuries if you can show that he or she was aware of the stairs’ dangerous condition and did not fix the condition or post warnings about the hazard. This is because landlords have a responsibility to their tenants to keep the premises safe.


This may require replacing flooring or carpeting, installing good lighting in stairways, placing functional handrails along the stairs, or putting up signs when stairs are slippery or undergoing repairs. Landlords also have a responsibility to keep stairways and other shared areas of their buildings compliant with building codes and local ordinances.


When to Hire an Attorney for Stair Injuries

At the Law Office of Jeffrey K. Kestenbaum, we help people after all kinds of slip and fall accidents, including falls at Dunkin Donuts, McDonald’s, Home Depot, and grocery stores. Yet many of our clients come to us because of falls in their own apartments due to dangerous stairs and other hazards that should have been handled by landlords.


To learn more about what to do if you are involved in a slip and fall accident, please contact our office. We will walk you through the process of how to pursue a stair-related accident case against your landlord and the types of evidence that can best prove your case and win the settlement you deserve.


Our legal team is standing by 24/7 to help you during this challenging time, so give us a call at 718-237-5586.

Wooden floor with large hole.

What to Do After a Broken Floor Injury in Your Home

Posted on October 29, 2021 by

Whether you live in an old or new rental house or apartment, the floors likely see a lot of wear and tear over the years. With multiple tenants coming and going, plus buildings that are getting older without receiving proper maintenance, it is very possible to suffer from a broken floor injury in your own home.

Read on to learn more about broken floor injuries and why you should contact a landlord negligence attorney if you have suffered because of a broken floor in one of your rooms.

Causes of Broken Floors

Broken floors are the cause of many slip and fall accidents in residential properties throughout New York City. Flooring can become loose and uneven over time due to poor construction, damage that a tenant has caused, or failure of a landlord to make reasonable repairs.

Cracked and peeling linoleum floors, bunched-up carpet, loose rugs, and poorly installed tiles can all cause broken floor injuries. You may also fall on a floor because of unlevel subflooring, split hardwood floors, and thresholds between rooms that are too wide or tall.

Types of Broken Floor Injury

You can be injured in many different ways because of a broken floor, depending on how you fall and the severity of the floor damage. You could sustain cuts and bruises because of your fall or even hit your head and have a concussion. Broken bones, torn ligaments, and spinal cord injuries can all result from an accident when you fall on a damaged floor.

Broken Floor Injuries Due to Landlord Negligence

If you live in a rental property and have a landlord, it’s important to know what he or she is legally required to provide to keep you safe. In addition to installing smoke and carbon monoxide detectors, securing your door with a lock, and having fire extinguishers available in common areas, landlords must also maintain a habitable building that is up to building code requirements.

As a tenant, it is your responsibility to notify your landlord when you see an issue with flooring so that he or she can address the problem. To pursue a lawsuit against your landlord for your injuries, you’ll need to be able to show that a dangerous flooring condition existed, that your landlord was aware of the condition and failed to acknowledge or repair it, and that this negligence caused you to be injured. However, if you caused your own flooring to become damaged and then were reckless and injured yourself because of that damage, it will be much more difficult, if not impractical, to pursue a case against your landlord.

Why Hire a Broken Floor Injury Attorney

There are many factors and nuances that go into bringing a landlord in New York City to justice because of a flooring issue in a rental space. At the Law Office of Jeffrey K. Kestenbaum, we have helped many tenants pursue these types of cases and be successful in receiving monetary compensation to help pay for their medical bills, pain and suffering, and lost wages from missed work.

We are experienced in all types of personal injury matters but are particularly experienced with broken floor injury cases where landlords are partially or fully to blame for incidents. We can help you determine whether you have a valid claim and who the negligent party is who caused your slip and fall. Contact us online or by phone at 718-237-5586 to tell us more about your flooring-related accident and for a free and confidential legal consultation.

Ceiling with large hole.

Ceiling Collapse Accidents and Hiring a Ceiling Collapse Lawyer

Posted on October 29, 2021 by

Whenever most people walk into a room, the last thing they ever expect to happen is having the ceiling collapse on them. However, ceiling collapses are actually more common in New York than you might think, and their effects can be absolutely devastating.

Here’s what you should know about pursuing a lawsuit for a ceiling collapse accident and how to hire a NYC ceiling collapse lawyer to help you win your case.

Causes of Ceiling Collapses

Old, poorly maintained apartments are notorious for having ceiling collapses in New York City and result in falling debris that puts your safety at risk. One major cause of ceiling collapses is plumbing issues in the unit above you that weakens your ceiling. If the building’s landlord doesn’t fix plumbing issues in a timely way, part of the ceiling could fall on you while you are spending time in your apartment or even while you’re sleeping.

A construction defect, structural damage due to storms, and poor maintenance could also cause a ceiling to collapse. Your ceiling may be on the brink of collapsing if you notice sagging, cracks, water damage, or creaking noises coming from above.

Injuries from Ceiling Collapses  

The most common injuries that result from ceiling collapses are head and neck injuries due to the falling debris from above. These types of injuries can be very severe and cause concussions and brain damage. Debris from a ceiling collapse can also cause cuts, bleeding, bruises, and broken bones.

The Role of Landlord Negligence

A landlord may be to blame for a ceiling collapse, but the challenge lies in determining fault and proving negligence. As soon as your ceiling collapses and when you are able to, take some photos of the scene to document the damage and how it has affected your space. Another useful piece of evidence is a prior written request from your upstairs neighbor requesting that the landlord fix a plumbing problem. In New York City apartments, landlords are required to take reasonable care and to prevent emergencies and keep you and other tenants safe from harm.

How a Ceiling Collapse Lawyer Can Help

Fortunately, there are trained legal professionals who are very familiar with ceiling collapse cases and know what it takes to win these types of personal injury lawsuits. Jeffrey K. Kestenbaum is a Brooklyn landlord negligence attorney who will fight for your rights and bring your landlord (or any other at-fault parties) to justice.

After taking care of any injuries that you have sustained from a ceiling collapse, you’ll also want to file an official report with the property owner and retain a copy of the report for yourself. Then call our office at 718-237-5586 to go over the next steps involved in pursuing a case.

Find a NYC Personal Injury Attorney After Your Accident

If you or someone you care about has been injured by a ceiling collapse due to someone else’s negligence, the Law Office of Jeffrey K. Kestenbaum can help. We can help you understand your landlord’s legal responsibilities and evaluate your case against your landlord due to negligence. You need an experienced legal team on your side to collect monetary compensation for your damages after something as serious as a ceiling collapse occurs.

To learn more about the legal process and for an initial consultation with a ceiling collapse lawyer, please contact us.

How to Handle an Injury Due to Landlord Negligence

Posted on October 1, 2021 by

If you are renting a place to live, it’s important to know what your landlord’s legal responsibilities are to understand if you can sue him or her if you get hurt. Personal injury lawsuits against landlords can be challenging to pursue, which is why you need a skilled legal team, like the Law Office of Jeffrey K. Kestenbaum, on your side.

Here is some information about pursuing a case involving injury due to landlord negligence.

Examples of Landlord Negligence

Landlords can be held responsible for a variety of things when an accident happens on property they own or manage. For example, a tenant could fall on a broken stair in an entryway that is shared by all tenants in the building. Uneven flooring, broken handrails, loose carpet, and snow and ice can cause tenant injuries too, and depending on the situation, a landlord may be to blame. Many kinds of injuries can result from slip and fall accidents at a rental property, such as broken bones, brain damage, and spinal cord injuries.

Proving Negligence Against a Landlord

As your personal injury attorney, Jeffrey K. Kestenbaum will assess a few different factors to determine if your landlord was negligent and the strength of your case. It is necessary to prove that the behavior of your landlord was the proximate cause of your injuries because he or she knew about a hazard and could have done something about it. Other factors include whether a reasonable person could have foreseen a potential accident, the likelihood of serious injury, and the feasibility to correct the problem.

When Tenants Are Partially to Blame

In many situations, a tenant’s injuries are due to both a landlord’s negligence and also the tenant’s own carelessness at the same time. A court may apply the concept of comparative fault to a case like this by assigning a percentage of responsibility to both parties, ultimately reducing the settlement amount that you might receive. Each state handles this situation a bit differently, but New York is a pure comparative fault state. This means that any party involved in a personal injury lawsuit can receive compensation if negligence is shared between two or more entities, regardless of how small the percentage of fault may be.

Duties of Landlords

Landlords are required by law to take reasonable care to prevent injuries, which means that anyone who is competent and in a similar position would have taken action as needed. However, landlords who perform regular inspections of their properties cannot be expected to respond to every minor repair within seconds or without being informed about the issue. When there are children in the building, landlords need to take extra care to protect them from dangers and anticipate injuries that could result because of how children typically act.

Get Help with Your Landlord Negligence Case

To win your case for injury due to landlord negligence and get the best slip and fall settlement possible, the Law Office of Jeffrey K. Kestenbaum can help. We have successfully pursued many landlord negligence cases and helped numerous tenants get the settlements they deserve and need to help pay for medical bills, lost wages, and other damages.

To learn more about how the legal process works or for a free consultation, contact us at 718-237-5586 or send us a message online.

Overview of NYC

Property Damage Claims in NYC and When You Need a Property Damage Lawyer

Posted on August 3, 2020 by

You work hard to be able to buy things that you want and need, which is why it’s so frustrating when another person willfully and intentionally damages your personal property. Property damage can occur in many different circumstances, and some claims are considerably more difficult to prove in a court of law than others. Here’s a look at how to pursue a property damage claim in NYC and when it’s time to hire an experienced property damage lawyer.

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Woman holding a child calling a plumber

No Hot Water in Your Apartment: What are Your Rights?

Posted on December 21, 2018 by

Depending on the circumstances, a landlord’s failure to provide hear or hot water is illegal, and unfortunately it is not an uncommon problem in NY. According to, In 2017 there were 21,894 complaints about heat or hot water in New York City in just one week.

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A person entering a key into a door

Can My Landlord Enter My Apartment at Any Time?

Posted on October 23, 2018 by

While being a homeowner has its perks, many people enjoy apartment life. You simply live in your space and let the landlord take care of the maintenance and other work involved. However, as a tenant, you may be concerned about your rights. After all, your landlord owns your apartment. That means he or she can enter your apartment anytime, right?

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Apartments in Soho New York

Asbestos and Landlord Negligence

Posted on August 29, 2018 by

Asbestos was a major scare for workers and homeowners a few decades ago. Known for causing mesothelioma and other lung conditions, asbestos was banned in 1989. However, nearly 30 years later, the dangers still exist as older buildings which have yet to be renovated since the new regulations may still contain asbestos.

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