Category Archives: Brooklyn Slip & Fall Lawyer

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.

In case you ever slip and fall in someone else’s home, here’s what you should know about homeowner’s insurance and making a claim.

Does Homeowner’s Insurance Cover Slip and Fall?

There are many different situations when homeowner’s insurance may cover a slip and fall accident. Some of the most common accidents in a home include falling down stairs, tripping over a rug, and slipping on ice and snow on the home’s sidewalk or driveway. Cracked sidewalks, broken flooring, and weather conditions are all common causes of residential injuries that can be pursued through homeowner’s insurance.

Reporting Your Injury

Regardless of how severe the accident is, it is important to report your injuries to the homeowner’s insurance company as soon as possible. This helps your claim seem more legitimate and gets the process of recovering damages moving along faster.

Slip and Fall Statute of Limitations

Slip and fall cases in a home have a statute of limitations in New York that is approximately three years. This means that you only have three years from the accident date to file a lawsuit in a New York court.

Proving Negligence and Slip and Fall Homeowner’s Insurance

Just because you fell in someone else’s home doesn’t mean that you have a claim against the homeowner that you can legally pursue. To go through homeowner’s insurance, the homeowner must be negligent, which means that he or she had knowledge or should have had knowledge of the danger and done something to make household conditions safer.

Med Pay Payments

Medical payment coverage (often called “med pay”) pays some of person’s medical bills after an injury regardless of whether the homeowner was negligent. This coverage is often in the $5,000 to $10,000 range. This money must be used for medical bills and requires submitting bills to an insurance adjuster to be paid up to the coverage limit.

Get Help with Your Slip and Fall Case

Residential property slip and fall cases can be tricky, especially if you have a personal relationship with the negligent homeowner. Some homeowners will resist reporting claims to their insurer so that their coverage doesn’t increase in price or get cancelled by the insurer. Therefore, it may even be necessary to file a lawsuit against a homeowner to find out if homeowner’s insurance exists and can be pursued.

At the Law Office of Jeffrey K. Kestenbaum, we can help you with all these things and much more if you are facing a slip and fall homeowner’s insurance situation. Our local Brooklyn slip and fall legal team is ready to hear the details of your accident and provide a free consultation. Contact us online or by phone at 717-237-5586.

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.

Here is some information about work from home slip and fall cases and where to turn for legal help with your slip and fall case.

Common Causes of Work from Home Slip and Fall Accidents

If you are not used to working at home, you might not realize potential safety hazards until it is too late. You might slip and fall inside or just outside your home because of a wet or uneven surface, such as a poorly built staircase, loose floorboard, or defective sidewalk.

Weather conditions may also cause you to slip and fall outside your home, especially on rainy spring days in New York. If you are feeling especially tired or stressed out while trying to work during these challenging times, you may slip and fall in your home because you’re distracted or feeling too depressed to pick up clutter around the house.

Landlord Negligence for At-Home Accidents  

Although some slip and fall accidents while working at home may be due to your own clumsiness or a simple mistake, other accidents are the direct result of a landlord’s negligence. This is especially common among New Yorkers who live in apartment buildings and particularly right now when we are all spending more time at home in uncommon ways.

To prove that your landlord is liable for your slip and fall at home injuries, you need an experienced local attorney on your side. This is because you’ll need evidence to show that your landlord was responsible for controlling a dangerous situation, had knowledge of the danger, should have foreseen the possibility of an accident, and failed to take reasonable action to prevent the accident that caused your injuries.

How to Prevent Work from Home Accidents

The last thing you want right now is to become injured and be hospitalized due to a work from home slip and fall accident, thereby creating more strain on the healthcare system and putting your immune system at risk. Therefore, it’s best to take precautions now to prevent work at home accidents if you no longer go to a physical location for your job.

Here are some prevention tips to practice:

  • Try to get enough rest so that you aren’t overtired or overstressed
  • Contact your landlord right away about essential repair needs
  • Reduce clutter around your house to prevent falls
  • Clean up spills and secure rugs that you have personal control over
  • Communicate with your employer if safety concerns are compromising your work at home situation

Legal Help with your At-Home Slip and Fall Case

After seeking medical attention for your slip and fall injuries, contact the Law Office of Jeffrey K. Kestenbaum to discuss your potential claim against your landlord or other responsible party while working from home. Since these types of cases have a statute of limitations in New York, it is important to seek legal help right away rather than waiting until pandemic restrictions are lifted.

Contact us by phone at 718-237-5586 or send us a message for a free consultation

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.

Common Slip and Fall Case Scenarios

Slip and fall cases often result from walking on wet or uneven surfaces. A common scenario is when a person becomes injured after walking across a freshly mopped floor, loose floorboards, unsecured floor mats, or carpeting that is worn down. Here in New York, snowy and icy sidewalks often cause slip and fall accidents, as well as poor lighting along sidewalks and in buildings.

A person may pursue a slip and fall case after having an accident involving a broken handrail or when loose electrical wires are exposed on the floor. These accidents can take place at retail stores, outside government buildings, and in the private home of a neighbor. At construction sites, workers who are not properly trained in safety may have slip and fall accidents that can be tied back to the negligence of their employer.

How Slip and Fall Liability is Determined

To prove fault in a slip and fall case, you must be able to show one of three things:

  1. That the property owner caused the dangerous condition that made you fall,
  2. That the property owner knew about the dangerous condition and chose not to fix it, or
  3. That the property owner should have known about the dangerous condition because a reasonable person would have noticed it and fixed it.

Factors that weigh in on slip and fall liability determinations include how long the dangerous condition existed before the accident, what the property owner’s protocol was for inspecting the area for dangerous conditions, and how the dangerous condition could have been remedied and prevented the accident.

The Reasonable Negligence Claim

One major reason why these cases are challenging and require the skills of a slip and fall lawyer is that proving fault in slip and fall accidents often comes down to what a property owner “should” have known and should have “reasonably” done about it. An attorney can make a reasonable negligence claim by demonstrating if the property owner acted in a way that is consistent with how others in a similar position would have kept the area safe for anyone who may be walking by.

A reasonable negligence claim can be proven with documented records (or lack of such records) that detail how a property owner regularly inspects and cleans the property. If a plaintiff fell over an object that was necessary for some purpose, the defendant must be able to prove what that purpose was and outline the time frame that it needed to be there. All of this relies on what a “reasonable person” in that position would do, which relates to industry standards, common sense, and legal obligations.

What Could Make You Look Careless?

There are certain factors that can make you look negligent for your own injuries in a slip and fall case. For example, wearing flimsy footwear rather than supportive shoes can make you look careless as a plaintiff and make it more difficult to prove a slip and fall case.

Other factors are if you were rushing and in a hurry, if you were distracted by something, if you ignored warning signs, or if you were on the premises without permission. The “reasonable person” standard can be applied to a plaintiff as well if the injured party should have reasonably anticipated the danger and avoided it.

How a Slip and Fall Attorney Can Help with Proving Fault in Slip and Fall Accidents

The Law Office of Jeffrey K. Kestenbaum helps in proving fault in slip and fall accidents to get plaintiffs the compensation they deserve. Although these types of cases are very common, their value should never be diminished because the injures they cause can be very severe.

Whether your slip and fall accident occurred on a sidewalk, in an apartment building, in a supermarket, in a parking lot, or on any other public or private property, you may be entitled to compensation for your pain and suffering. Contact us at 718-237-5586 or send us a message so we can fight for you and your rights.

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.

Here is an overview of what comparative negligence is and how it can affect your slip and fall case in New York.

Basics of a Slip and Fall Case

Slip and fall cases are among the most common personal injury claims and ones that result after a person slips, falls, or trips on another person’s property. These cases can be pursued if another property owner was at fault for your fall that resulted in an injury. Slip and fall accidents can occur essentially anywhere, including private residences, commercial buildings, and government property. They are often the result of unsafe hazards that exist, such as broken stairs, icy sidewalks, and missing handrails.

How to Prove Fault in a Slip and Fall Case

It is important to prove the fault of another party to effectively pursue your slip and fall case, which can be surprisingly difficult in our legal system. With substantial evidence, you should be able to prove that a property owner created dangerous conditions or allowed them to happen to lead to your fall, that the owner knew about the conditions and did not fix them, and that the conditions caused your fall that made you become injured.

What Is Comparative Negligence?

Comparative negligence is also sometimes called comparative fault and comes into play when a plaintiff may be partially or even mostly responsible for a slip and fall accident. It is a legal concept established for allocating damages when two or more parties were at least somewhat each at fault.

Here is an example to demonstrate comparative fault: a New York plaintiff is found by a jury to be 20 percent at fault for an accident and the defendant to be 80 percent at fault. The jury determines that the total damages are $100,000. Therefore, the plaintiff will recover 80 percent ($80,000) for this case because the 20 percent of fault assigned to the plaintiff is subtracted from the total recovery.

Types of Comparative Negligence

Depending on the state you live in, comparative negligence can affect your case in different ways. New York is one of the states that has a pure comparative fault rule for personal injury cases. With pure comparative fault, the amount that you are able to recover from a claim can be reduced by how much you were personally at fault for the accident.

A small handful of other states have laws that are more stringent and do not allow a plaintiff to recover any damages at all if the plaintiff is found to be even a tiny bit at fault for the accident. Meanwhile, in some other states, you may not be able to recover anything from a claim if you are found to be 51 percent or more at fault for the accident. Those other states are classified as modified comparative fault rule states.

This distinction makes New York law particularly favorable to plaintiffs who have slip and fall accidents and a good reason to pursue your slip and fall case here in Brooklyn even if you can’t place full blame on someone else.

How Comparative Negligence Can Affect Your Slip and Fall Case

Comparative negligence can impact your recovery after a slip and fall accident if a property owner claims that you were the cause of your own injuries. In a jury trial in New York, jurors will determine the percentage of fault for each party, calculate the total amount of damages, and then subtract the plaintiff’s percentage of fault from that total amount to arrive at the final award amount.

If you have been involved in a slip and fall case that may involve comparative negligence, the Law Office of Jeffrey K. Kestenbaum can help. We handle personal injury cases in Brooklyn and will fight for every dollar possible to get you the fair compensation you deserve. Even if you were somewhat at fault for your own injuries, you can still receive a settlement to help pay for your medical bills and other accident-related expenses under New York law.

Contact us online or give us a call at 718-237-5586 for guidance with your comparative negligence case.

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.

Here is an overview of what premises liability is and why you may need a premises liability attorney to pursue these types of cases in New York.

What Is Premises Liability?

Premises liability is a legal term that is used in personal injury cases when a person suffered an injury due to a condition on another person’s property. These types of cases are often based on allegations of negligence on behalf of the property owner and require the injured party to prove this negligence led to injuries. In order to pursue a premises liability case, you must have evidence that a property owner breached a duty of care by not maintaining it in a safe way.

Types of Premises Liability Cases

There are various types of premises liability cases that clients seek our help with in Brooklyn. For example, slip and fall cases are common, especially in the winter season after snowfall and ice. Throughout the year, plaintiffs pursue premises liability cases because of defective conditions on a property and due to fires and water leaks. Other cases that a premises liability attorney can help you with include amusement park accidents, elevator accidents, dog bite accidents, swimming pool accidents, and assault cases due to poor building security.

Injuries Caused by Premises Liability Accidents

The injuries caused by premises liability accidents are often due to falling and include broken bones, concussions, sprains, bruises, and cuts. However, these types of accidents can also cause severe bites, assaults, and burns as well. At the Law Office of Jeffrey K. Kestenbaum, we understand that every premises liability case is unique and want to listen to the specific details of your case and the injuries you sustained.

Property Owner Duties of Care

In New York, the law requires property owners to keep guests safe while on their property and exercise reasonable care to avoid preventable harm. Victims of a local premises liability accident must show that the property owner was more likely than not for causing injuries though evidence that the owner had a legal duty to the victim and that the owner breached this duty.

This is true for people who have been invited onto a property and have express or implied permission to be on the property, such as friends and family members. It is also true for licensees who enter a property for their own purposes but are legally allowed do so, such as a door-to-door salesman. However, property owners do not typically have a duty of care with regard to unknown adult trespassers who entered a property illegally.

Examples of Premises Liability Cases

One example of a premises liability case is a painter who has been hired to paint a person’s house and suffers injuries when the ceiling cracks and falls on her. You may have a premises liability case if your office or apartment building does not have adequate building security, which causes an intruder to break in and assault you.

If your neighbor invites you over for dinner and you are injured in his unkempt backyard full of holes and broken glass, you may have a premises liability claim. Slip and fall accidents are the most common premises liability cases that we see in our office, often due to unsecured rugs, wet floors, broken stairs, exposed extension cords, and ice and snow accumulation.

How a Premises Liability Attorney Can Help

If you have been injured in an accident on another person’s property, the Law Office of Jeffrey K. Kestenbaum can help. To pursue these types of cases, you need an aggressive premises liability attorney who will fight for what you deserve and keep you informed every step of the way. We will review the accident report, medical records, witness statements, and all other necessary information to help us build a strong case before your statute of limitations runs out.

Call us now at 718-237-5586 or contact us online to gain full and fair compensation as quickly as possible.

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.

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caution wet floor sign in work building

What to Do After a Slip and Fall Accident: 7 Essential Steps to Take

Posted on November 27, 2019 by

Like all accidents, slip and falls have a way of catching people completely off-guard and perhaps even into a state of shock. Yet there are many important things to remember after an accident happens for the sake of your health and to later pursue a claim against the person or entity responsible for your injuries.

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a row of apartment buildings in New York

Your Legal Options After Slip and Fall Apartment Building Accident

Posted on October 21, 2019 by

Slip and fall accidents can take place essentially anywhere, but one of the most common locations for them are apartment complexes. These multi-unit structures provide homes for many people and pose significant hazards for residents and visitors. In some instances, the landlord can be held liable, which means that you can pursue a legal case for damages.

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man fallen injured on the pavement

Most Common Slip and Fall Injuries and What to Do If You’re Injured

Posted on September 23, 2019 by

Absolutely anyone can be a victim of a slip and fall accident, regardless of age, agility, or athletic ability. Slip and fall accidents commonly take place in the home, on business properties, event venues, and public transportation stations. Furthermore, these accidents could cause severe physical trauma and be the fault of another liable party.

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Blank billboard on canal street subway entrance

What New Yorkers Should Know About Slip-and-Fall Accidents at Subway Stations

Posted on April 19, 2019 by

The New York City subway has over 660 miles of track in passenger service, which is essential for getting us to work and around the city every day. Millions of New Yorkers and tourists rely on this MTA service, but it can also pose serious safety risks in the form of slip-and-fall accidents.

Here is some information about what causes slip-and-fall accidents at subway stations, who is liable for injuries sustained here, and what the MTA’s role is in maintaining NYC subway stations.

Common Sources of Subway Accidents

Subway stations can be some of the most dangerous places in the city, especially during inclement weather and for people with coordination or balance issues. Subway station stairs pose risks when they are wet, slippery, or very crowded with commuters. Individuals can also get injured at subway stations due to malfunctioning turnstiles, uneven platforms, cracked concrete, and littered walkways.

Who Is Liable for Subway Station Accidents?

Some people mistakenly think that any accident that happens at a subway station is automatically the fault of the MTA since the accident occurred on MTA property. However, some accidents are deemed to be out of the MTA’s control, such as the intentional or criminal action of another person at the subway station. The MTA cannot control the weather or where people decide to toss their trash, but it can control how it warns people about hazardous conditions and cleans up messes inside stations.

Premise liability cases against the city-owned MTA can be challenging to prove, especially when you’re going up against such a powerful entity. This is why you need an experienced local lawyer on your side to help you navigate the legal system to your advantage after a slip-and-fall accident.

Role of the MTA in Maintaining Subway Stations

Although the MTA cannot be held responsible for all slip-and-fall accidents that take place at subway stations, it still has a legal responsibility to keep stations safe and properly maintained. This means that MTA employees must post warning signs about station repairs or weather conditions that could pose hazards, and they must clear snow and debris from stairs in a timely manner.

To pursue a personal injury case against the MTA, you and your attorney must be able prove that the MTA breached its duty to properly maintain a subway station, that the MTA’s breach caused your fall, and that you were injured because of that accident.

When to Contact a NYC Subway Accident Lawyer

The longer you wait after a slip-and-fall accident at a subway station, the harder it will be to prove your case and recover damages to help cover your medical bills, lost wages, and pain and suffering. The Law Office of Jeffery K. Kestenbaum is here to help you gain compensation for all the financial losses you’ve suffered due to the negligence of the MTA. We will collect all of the evidence necessary to build a case and take on the MTA and the City of New York to ensure that justice is served.

You don’t have to suffer in pain and struggle through the legal process on your own. Contact us day or night at 718-237-5586 or send us a message to discuss your rights and get a free consultation with one of our attorneys.