Category Archives: Brooklyn Slip & Fall Lawyer

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.

Here is some information about slip and fall apartment building accidents and what your legal options are if you are involved in one.

Common Apartments Dangers

A lot can go wrong in an apartment complex that is neglected and not maintained on a regular basis. For example, broken staircases in apartment buildings with multiple floors can cause you to trip, slip, and fall. Apartment balconies must also be maintained to ensure that they will not collapse and cause severe injuries.

Other apartment dangers are broken shower doors, improperly wired electrical sockets, and damaged flooring. In apartment building parking lots, tenants in New York often become injured because of improper snow and ice removal, potholes, and cracked pavement. If the apartment building has a swimming pool or playground, these features can provide additional liability concerns as well.

Typical Slip and Fall Apartment Complex Injuries

Broken bones are very common slip and fall apartment complex injuries due to poorly maintained parking lots, stairways, and inside apartment homes. It is also common for people to suffer from concussions and possible brain and spinal cord damage from these types of serious falls. Sprains, strains, bruises, cuts, and scrapes are more minor injuries but ones that can still have significant consequences for your life.

Landlord Obligations

Landlords are legally obligated to ensure that their properties are safe for tenants and visitors based upon state premise liability laws. Landlords are responsible for looking after common areas for safety concerns, while apartment dwellers are responsible for taking note of and reporting issues inside their apartments.

As a tenant, you should promptly notify your landlord of hazards inside your rental space. It is not your legal responsibility to inspect the greater property or formally notify him or her about conditions in shared areas, but it may be helpful to others if you let your landlord know anyway.

How to Prove Your Landlord Is Liable

To prove that your landlord is liable for a slip and fall apartment complex injury, you must be able to show that the landlord failed to regularly inspect the property and/or make repairs in a timely way. An experienced Brooklyn auto accident lawyer can help you prove that a landlord’s negligence on the premises resulted in your injuries and that your landlord is legally responsible for paying for your medical bills, lost wages, other expenses, and pain and suffering.

Gathering Evidence for your Slip and Fall Apartment Building Case

As with any slip and fall accident case, you and your attorney will need to provide substantial evidence to prove that your landlord is at fault for your accident and injuries. If possible, provide documentation that shows your landlord was aware of the hazard, such as a written notice, text, or email. It is beneficial if you have personal written notes about when you called your landlord to request the repair.

Other helpful evidence includes photos of the dangerous condition and written witness statements from other people who also noticed the hazard. If you have been injured, keep copies of all of your medical records and medical bills to prove your damages.

Legal Assistance with your Case

Approximately two-thirds of New Yorkers live in a rental apartment, which means that slip and fall apartment building accidents are much more common than you might think. If you have been the victim of one of these accidents, you need the Law Office of Jeffrey K. Kestenbaum on your side. We handle many different types of personal injury cases, but apartment slip and fall cases are among our top specialties.

If you have been injured in or around your apartment, it is imperative that you contact us right away because New York imposes a statute of limitations deadline to file a claim for these types of cases. If you’re injured badly and can’t come to our office, we will come to you. Please call us at 718-237-5586 or contact us online for a free consultation.

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.

 

NYC Sidewalks in the Snow

Slip and Fall Accidents Due to Sidewalk Defects


Posted on February 20, 2019 by

In New York City, slip and fall accidents can be caused by many things, including icy walkways, doorway obstructions, and medical conditions that affect a person’s balance. However, sidewalk defects are also a major cause of these injuries, which can be devasting and costly for unsuspecting pedestrians who fall victim to unsafe and unmaintained sidewalks.

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23rd street manhattan ny in the winter

The Serious Dangers of Senior Slip and Fall Accidents


Posted on January 29, 2019 by

Snowy and icy winter weather brings on an increase in slip and fall accidents, especially among senior citizens in New York City. According to the New York State Department of Health, falls are the top cause of emergency room visits, hospitalizations, and injury-related deaths among people over the age of 65. The prevalence of the slip and fall accident is on the rise in our state too, with 304 ER visits, 143 hospitalizations, and three deaths – all due to falls – among seniors each day in a recent year.

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Back view of modern hipster man riding bike on bike lane, photographed in Brooklyn NY in July 2017

Cycling in NYC: Statistics to Inform Your Bicycle Commute


Posted on November 30, 2018 by

In 2017 the NYC Department of Transportation released their Safer Cycling: Bicycle Ridership and Safety in New York City study that analyzes growth of cycling and NYC’s bicycle network, noting that as the number of regular bicyclists has increased, cycling has grown dramatically safer.”

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Lawyer consulting client on slip and fall lawsuit

Slip and Fall Statute of Limitations in New York


Posted on June 28, 2018 by

If you suffer a slip and fall accident at a store or restaurant, you will likely be seriously injured. You may suffer a broken arm, back pain or even head trauma. If you were in this situation, you would likely attempt to file a lawsuit against the liable party.

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Dangerous winter road conditions in NYC

Safe Driving in the Holiday Season


Posted on December 20, 2017 by

Holiday car accidents can really take the joy out of the Christmas season. But with winter weather and people drinking and driving, it’s something you need to be concerned about. This is the deadliest season to be driving, so if you must be out on the roads this time of year, make sure you drive safely.

The holidays can be hectic, but instead of speeding on the roadways, slow down and take a little extra time to get to your destination. Here are some other tips to keep you and your loved ones safe this holiday season, as well as sometimes to avoid driving.

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icy sidewalk in nyc

The Dangers of Slipping on Black Ice


Posted on December 11, 2017 by

This time of year is dangerous when it comes to walking and driving. Winter weather conditions can lead to icy sidewalks and roads. These can be dangerous for pedestrians, bicyclists, and motorists. Cars and bicycles have no traction on ice, while pedestrians can slip and fall on ice and suffer back and head injuries and even die.

Not everyone can see black ice, which makes it especially dangerous. Black ice forms in rainy weather, when the air’s surface is at or below 32 degrees Fahrenheit. The rain freezes once it hits the ground, creating ice. When the ice or snow melts and then freezes again, it creates black ice.

Read on to learn about where to find black ice, how to stay safe and what the law says about liability for slipping on ice injuries.

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