Category Archives: Brooklyn Premise Liability Lawyer

Street block with apartments

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


Posted on January 26, 2021 by

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

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

Causes of a Ceiling Collapse

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

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

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

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

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

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

What to Do If Your Ceiling Collapses

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

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

How a Ceiling Collapse Lawyer Can Help

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

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

A person about to slip on green marbles

If Someone is Injured On Your Property, Are You Liable?


Posted on March 27, 2018 by

A friend comes over to your house and slips on a patch of ice while walking up your driveway. In another incident, a trespasser sneaks into your backyard, falls down a hill and breaks an arm. Are you, as a property owner, responsible for either of these incidents?

Under premises liability law, property owners have a duty to avoid exposing people to an unreasonable risk of harm due to a natural or artificial condition. The law states that if the property owner should be aware of the risk and does not remedy the situation in a timely manner, then he or she could be considered negligent and potentially held liable in a lawsuit requesting compensation for damages.

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Taxi on snowy city street

What Should I Do if I Slip and Fall on Ice or Snow?


Posted on February 27, 2017 by

Winter weather in New York City brings unique challenges, including the risk of slip-and-fall accidents caused by ice and snow accumulation. Although the snow may seem to disappear after each storm, hazards remain a constant threat during the colder months. With Punxsutawney Phil predicting six more weeks of winter, it’s essential for New Yorkers to stay vigilant about potential hazards and know their rights if an accident occurs.

This guide explores where slip-and-fall accidents are most likely, who may be held liable, and what steps to take if you’re injured.

How Ice and Snow Can Cause Slip-and-Fall Accidents

Slippery surfaces can lead to serious injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and deep cuts. These injuries may result in severe complications like paralysis or excessive blood loss. Beyond physical pain, victims often face significant financial burdens, including medical bills and lost wages from extended recovery periods.

When another party fails to properly clear snow or ice, they may be held responsible for your damages through a premises liability claim. Compensation can help cover your expenses and improve your quality of life.

Common Areas to Watch for Ice and Snow Hazards

Some outdoor areas that are typically safe can become dangerous during winter. Be cautious in these locations:

  • Roads: The freeze-thaw cycle creates potholes, endangering both motorists and pedestrians.
  • Outdoor Steps: Slippery stairs and handrails increase the likelihood of losing balance.
  • Sidewalks: Snow and ice can obscure hazards like raised tree roots or broken pavement, making them difficult to navigate.

Who Is Liable for Injuries Caused by Ice and Snow?

Property owners are responsible for maintaining safe conditions on their premises during winter. If your accident occurred on a sidewalk, the building owner adjacent to that section of sidewalk may be held liable for your injuries.

Key responsibilities of property owners include:

  • Shoveling snow as it accumulates
  • Applying salt or sand to prevent icy conditions

If a property owner knew about a hazard and failed to address it, they can be deemed negligent. To file a premises liability claim, you’ll need to prove that the property owner’s negligence directly caused your injuries and resulting damages.

Government Property Accidents
If your accident occurred on government-maintained property, such as a park or public concourse, you may file a claim against the responsible agency. However, the process differs from private property claims:

  • Notify the agency of your intent to file a claim within 90 days of the accident.
  • File your claim within one year and 90 days of the incident.

For private property claims, the statute of limitations is typically three years from the date of the accident.

Steps to Take Immediately After a Fall

If you’re injured in a slip-and-fall accident, follow these steps to protect your health and preserve your legal options:

  1. Assess Your Injuries:
    • Stand up if you can do so safely. If not, stay put and call for help.
  2. Document the Scene:
    • Take photographs of the ice or snow, your injuries, and the location of the fall.
  3. File an Accident Report:
    • Notify the property owner and document the time, date, and details of the incident.
    • Obtain the owner’s contact and insurance information.
  4. Collect Witness Information:
    • Gather contact details from anyone who saw the accident. Their testimonies may support your claim.
  5. Seek Medical Attention:
    • Even if your injuries seem minor, consult a doctor to rule out underlying issues.
    • Follow your doctor’s treatment plan to ensure a full recovery and protect your claim.
  6. Consult a Personal Injury Attorney:
    • An attorney can help you pursue compensation for damages such as medical expenses, lost wages, and pain and suffering.

What Can You Recover Through a Premises Liability Claim?

Victims of slip-and-fall accidents may seek compensation for:

  • Medical Expenses: Hospital bills, medication, rehabilitation, and other treatment costs.
  • Lost Wages: Income lost during recovery or due to permanent disability.
  • Pain and Suffering: Compensation for emotional distress, psychological counseling, or mobility aids needed after the accident.

Why Work With an Experienced Brooklyn Personal Injury Attorney?

Winter weather creates dangerous conditions across New York City, but property owners have a legal obligation to maintain their premises. When they fail to uphold this duty, victims can suffer severe injuries and life-altering consequences.

At The Law Offices of Jeffrey K. Kestenbaum, we are committed to helping slip-and-fall victims recover the compensation they deserve. From gathering evidence to negotiating with insurance companies, we handle every aspect of your case.

Contact us today at (718)-237-5586 or fill out our form to schedule a consultation. Let us help you identify the responsible party and build a strong case for your claim.

Worker Killed in NYC Building Collapse


Posted on November 10, 2015 by

Crane over city skyline.

Twenty-six-year-old Pedro Bacillo who was working on the interior of a midtown Manhattan building tragically died when the five-story townhome crumbled with him and other workers still inside, according to a recent ABC News report. It took three hours for emergency crews to dig out one other worker while 17 were able to escape uninjured. Investigators are looking into what caused the collapse, which occurred on a construction site that had been taking adjacent buildings down – floor by floor – for several months prior to the disastrous accident. Continue reading

Luxury Condominium One57 Stop-Work Issued


Posted on March 24, 2015 by

Front view of an apartment building.

For the third time in less than a year, a glass panel has fallen from the One57 Luxury Condominium building, hitting two parked cars. This piece was reportedly the size of a kitchen table. It fell from the 22nd floor of the 90 story luxury building. It resulted in a partial stop work which was ordered by the City and remained in place until the developer could demonstrate that removal of the temporary plexiglass installations would not cause further danger.

No reports of injuries or deaths have resulted from any of the falling plexiglass incidents. After three occurrences in a year though, it is only a matter of time. That’s why the stop work order was put in place.

The Developers/Owners of One57 & Premise Liability Laws Continue reading

Inadequate Security in NYC Housing Projects


Posted on October 23, 2013 by

Safety is a necessity, not a luxury that only those who can afford it are entitled to. A recent article in the New York Times, indicated that a large number of New Yorkers are targets of crime in their own apartment buildings. Due to inadequate security in the Housing Authority projects all over New York City, an increasing number of crimes are taking place in the elevators in these apartment complexes. Victims are not only victims of these physical crimes, but also of landlord negligence and inadequate security. People have a right to feel safe in their own building. If you a loved one has been a victim of an assault or rape in a NYC Housing Project or other apartment building , you should contact an inadequate security / Premise Liability attorney who can help you obtain justice and financial compensation for your injuries, pain and suffering ,lost wages or medical bills. Additionally, if you were injured due to a malfunctioning elevator, a slippery or a broken floor, a collapsed ceiling or wall, Jeffrey K. Kestenbaum is experienced in recovering full and fair compensation for those who have suffered serious injuries in these cases.

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