Category Archives: Brooklyn Slip & Fall Lawyer

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.

young woman shopping for groceries wearing a mask

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.

busy nyc street and apartment complexs

What to Do After a Slip and Fall Apartment Complex Accident


Posted on November 25, 2020 by

Slip and fall accidents can happen essentially anywhere, but one of the most common places they occur in New York City is at apartment complexes. Nearly two-thirds of New Yorkers rent apartments, and many of these renters have valid legal claims against an at-fault party because of a fall.

From the moment you are injured to being compensated for damages, here’s what you should know about filing a slip and fall apartment complex claim.

Common Causes of Apartment Accidents

At times, the injured person is to blame for slip and fall accident in an apartment complex because he or she wasn’t being cautious or was under the influence of drugs or alcohol. But at other times, a landlord could be negligent because of failure to provide a safe place to live and move around. Examples of landlord negligence include failure to remove snow and ice from apartment complex sidewalks, not providing adequate lighting in common areas, and not fixing broken flooring that could cause a person to slip and fall. Broken staircases and failure to put up cautionary signage when repairs are being made may also be linked to landlord negligence .

Assess Your Injuries and Seek Treatment

The first thing to do after any accident is to take care of yourself and seek medical treatment for any injuries that you have suffered. Common injuries that occur after slip and fall apartment complex accidents are broken bones, and concussions if you hit your head during the fall. Falls down flights of stairs and outside near traffic can cause particularly serious injuries that may require extensive procedures and follow-up appointments.

Collect as Much Evidence as Possible

If you believe that someone else, such as your landlord, is to blame for your accident, it is important to collect evidence quickly to prove your claim. This could include a lease stating that your landlord is responsible for a particular aspect of property management and copies of emails to the landlord notifying him or her about an issue that was never addressed. Other evidence may include photographs of the accident scene, witness statements from other apartment complex residents, and hospital records that document your relevant injuries.

Determine Fault in Your Case

As the injured party, the burden of proof is on you to show that your landlord was responsible for causing your injuries. Landlords and property owners have a general responsibility for not putting tenants into harm’s way and keeping the property safe from hazards and well-maintained. Tenants are responsible for things inside their own apartments but landlords are responsible for other areas, such as hallways, entryways, sidewalks, and staircases.

Work with a Local Lawyer You Can Trust

At the Law Office of Jeffrey K. Kestenbaum, we can assist you with accident investigation, proving your injuries are related to your accident, negotiating with insurance companies, and filing court documents to get you the compensation you deserve. If your case cannot be settled outside of court, we are also prepared to represent you at trial to pursue the at-fault party for your apartment accident case. Call us 24/7 at 718-237-5586 or contact us online to have our Brooklyn legal team take a look at your case.

lawyer specking to client in kitchen

Kitchen Accidents Caused by Negligent Landlords and When to Hire a Kitchen Accident Attorney


Posted on October 30, 2020 by

If you rent an apartment, condo, or house, you likely have a landlord who is responsible for fixing things that break and addressing safety concerns before they cause accidents. Kitchen accidents are among the most common types of accidents that occur in a home, and they are sometimes due to the negligence of landlords who aren’t properly doing their jobs.

This article explores the nature of kitchen accidents in rental homes and what you can do if you are injured in your kitchen.

Types of Kitchen Accidents

There are many things that can go wrong in a kitchen because of the various types of appliances, electrical wiring components, and heavy pieces of machinery. Fires in a kitchen can be caused because a renter isn’t paying attention, but they can also be caused by broken ovens or stovetops. Kitchen accidents involving fire can also be caused by faulty wires and hoses, toxic fumes due to gas leaks, and uneven tiles that cause a person to fall.

Meanwhile, it is possible for an improperly installed large appliance to fall onto an inhabitant and cause injuries. Because of a leaky sink, dishwasher, or ice maker, a person could slip and fall on a wet kitchen floor and be injured. Skin burns, cuts from knives, and spilling boiling water are also common kitchen accidents that occur in New York.

Can You Sue Your Landlord for Kitchen Accidents?

Depending on the nature of your kitchen accident, yes, you may be able to sue your landlord for a kitchen accident. This is because landlords have a responsibility to maintain a habitable building and comply with New York’s implied warranty of habitability. This involves providing functioning hot water and electricity and making sure that rental properties are free of gas leaks, toxic fumes, and cracking walls and tiles.

For these types of cases, it is important to determine who the negligent parties are and work with an experienced attorney who knows the local laws and can apply them to your advantage in your case. A negligence claim against a landlord requires you to have substantial evidence to support your claim in court, such as photos of the hazardous condition and testimonies from neighbors who have experienced similar conditions. However, you cannot receive compensation for damages from your landlord if you solely caused the hazardous condition in your apartment or rental house.

When to Consult a Kitchen Accident Attorney

It is your right as a New York City renter to have a safe and clean rental property to live in, and if your landlord breeched his or her duty to provide this, you can file a kitchen accident landlord negligence claim. The Law Office of Jeffrey K. Kestenbaum can help you with this and go over all the details of your case to determine the best course of action to proceed with a claim.

To learn more and to tell us about your kitchen accident, please contact us online or by phone at 718-237-5586.

attorney talking with client

What to Know About Making a Slip and Fall Claim Against Someone with Homeowner’s Insurance


Posted on July 2, 2020 by

Slip and fall accidents can take place essentially anywhere, such as a public sidewalk, a retail store, or someone else’s house. If you have an accident while visiting a friend, relative, or neighbor, one of the first questions to ask is if the person has homeowner’s insurance. Most homeowners do carry this type of insurance, especially if they have a mortgage.

Continue reading

woman working from home office

What You Should Know About Work from Home Slip and Fall Accidents During the Pandemic


Posted on June 3, 2020 by

Due to the spread of COVID-19 and social distancing guidelines, many New Yorkers are finding themselves working at home for the very first time. Not only can working at home pose technological and logistical challenges, but it can also lead to compromised safety and more accidents around the home.

Continue reading

lawyers at a table discussing a case

Proving Fault in Slip and Fall Accidents: What New Yorkers Should Know


Posted on March 16, 2020 by

As part of our ongoing conversation about slip and fall cases in New York, today we are looking at what proving fault in slip and fall accidents requires according to the law. To pursue a successful case, it is not simply enough to demonstrate that you fell on another person’s property. You also must prove that your fall was someone else’s fault and not solely due to your own carelessness.

Continue reading

judge hands on a desk with a gavel

How to Pursue a Comparative Negligence Slip and Fall Case in New York


Posted on February 12, 2020 by

Slip and fall cases may seem simple enough on the surface, but these are often complex matters that are difficult to pursue and prove without the help of an experienced slip and fall lawyer. These types of cases become even more challenging when comparative negligence plays a part in the accident.

Continue reading

old townhouses in New York City

Understanding Premises Liability and How a Premises Liability Attorney Can Help


Posted on January 13, 2020 by

Of the many types of cases we handle at the Law Office of Jeffrey K. Kestenbaum, premises liability cases are among the most common ones here in Brooklyn. However, there are different types of premises liability cases and certain injuries that are most common from these accidents.

Continue reading

construction workers walking in line

10 Safety Strategies for How to Prevent Slips and Falls in the Workplace


Posted on December 5, 2019 by

Slip and fall accidents can happen essentially anywhere throughout the course of a day – at home, on city streets, while boarding public transportation, and on a business property. However, one of the most common places that accidents occur is at work, which is particularly concerning for employers who are entrusted to provide safe and reliable working conditions.

Continue reading