Category Archives: Brooklyn Slip & Fall Lawyer

Person carrying grocery basket in store

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.

Street block with apartments

What to Do After a Slip and Fall Apartment Complex Accident


Posted on November 25, 2020 by

Slip-and-fall accidents can happen anywhere, but apartment complexes are among the most common locations for these incidents in New York City. With nearly two-thirds of New Yorkers renting apartments, many tenants may have valid legal claims if a fall occurs due to negligence.

This guide outlines the steps to take after a slip-and-fall accident at an apartment complex, from seeking medical care to filing a claim for compensation.

Common Causes of Slip-and-Fall Accidents at Apartment Complexes

While some accidents occur because the individual wasn’t cautious or was under the influence of drugs or alcohol, others are the result of landlord negligence. Examples of landlord negligence include:

  • Failure to remove snow and ice from sidewalks and entryways
  • Inadequate lighting in common areas
  • Unrepaired broken flooring or staircases
  • Lack of cautionary signage during maintenance or repairs

Landlords are legally required to maintain safe living conditions for tenants and visitors. Failing to do so can make them liable for injuries sustained on the property.

Step 1: Assess Your Injuries and Seek Medical Treatment

Your first priority after a slip-and-fall accident is to take care of yourself. Common injuries from these incidents include:

Prompt medical attention is crucial, not only for your recovery but also for documenting your injuries as evidence for your claim.

Step 2: Collect Evidence to Support Your Claim

If you suspect landlord negligence caused your accident, gather evidence to strengthen your case. Key evidence may include:

  • Your lease agreement: Highlight clauses that assign maintenance responsibilities to the landlord.
  • Communications with your landlord: Emails or messages reporting hazards that were ignored.
  • Photographs: Capture the accident scene and any hazards, such as icy sidewalks or broken stairs.
  • Witness statements: Neighbors or bystanders who saw the incident or are familiar with the hazard.
  • Medical records: Documentation of your injuries and treatment.

The sooner you collect evidence, the stronger your claim will be.

Step 3: Determine Fault in Your Case

To hold your landlord accountable, you must prove their negligence caused your injuries. In general:

  • Landlords are responsible for maintaining common areas, including hallways, entryways, staircases, and sidewalks.
  • Tenants are responsible for hazards within their own apartments.

The burden of proof is on you to show that the landlord failed to meet their legal responsibilities, resulting in your accident.

Step 4: Work with a Trusted Personal Injury Attorney

At the Law Office of Jeffrey K. Kestenbaum, we specialize in personal injury cases, including apartment slip-and-fall accidents. Our experienced team will:

  • Investigate the accident to determine fault
  • Prove your injuries are directly related to the incident
  • Negotiate with insurance companies on your behalf
  • File court documents and represent you in court if needed

We are committed to getting you the compensation you deserve for medical bills, lost wages, and pain and suffering.

Call us 24/7 at 718-237-5586 or fill out our online contact form for a free consultation with our Brooklyn-based legal team.

Fallen lady with injury

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.

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Nurse Helps Patient Walk

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.

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A worker who slipped and fell.

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.

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A worker who slipped and fell.

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.

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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.

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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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Wet floor sign with a person mopping in the background.

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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Outside view of apartment buildings with fire escapes.

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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