Category Archives: Brooklyn Slip & Fall Lawyer

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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Construction workers helping a fallen co-worker

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, serving as a lifeline for millions of residents and tourists navigating the city daily. While essential for transportation, subway stations also present significant safety hazards, particularly in the form of slip-and-fall accidents.

This guide covers the common causes of slip-and-fall accidents in subway stations, liability considerations, and the MTA’s responsibilities for maintaining these public spaces.

Common Sources of Slip-and-Fall Accidents at Subway Stations

Subway stations are among the city’s most hazardous locations, especially during bad weather or for individuals with coordination challenges. Key risk factors for accidents include:

  • Wet and slippery stairs due to rain, snow, or spilled liquids.
  • Crowded platforms and stairwells that increase the risk of tripping.
  • Uneven surfaces on platforms and cracked concrete.
  • Malfunctioning turnstiles that can cause unexpected falls.
  • Littered walkways, creating tripping hazards.

These dangers highlight the importance of vigilance and proper maintenance in these high-traffic areas.

Who Is Liable for Subway Station Accidents?

Many people believe that the Metropolitan Transportation Authority (MTA) is automatically liable for any accident that occurs on its property. However, liability often depends on the specific circumstances. For example:

  • Uncontrollable factors: The MTA is not responsible for hazards outside its control, such as intentional criminal acts or the weather.
  • Negligence: The MTA can be held liable for failing to clean spills, clear snow, or warn passengers about dangerous conditions.

Premises liability cases involving the MTA can be complex and challenging. A knowledgeable NYC personal injury lawyer is crucial for navigating these legal intricacies and building a strong case.

The MTA’s Role in Maintaining Subway Stations

Although the MTA is not accountable for every slip-and-fall incident, it has a legal obligation to keep subway stations safe. This includes:

  • Posting warning signs to alert passengers of hazards, such as wet floors or ongoing repairs.
  • Clearing snow and debris from stairs and walkways promptly.
  • Regular inspections to identify and address dangerous conditions.

To pursue a successful claim, your attorney must prove that:

  1. The MTA breached its duty to maintain a safe environment.
  2. This breach caused your slip-and-fall accident.
  3. You sustained injuries as a result.

When to Contact a NYC Subway Accident Lawyer

When to Contact a NYC Subway Accident Lawyer

Time is of the essence after a subway station slip-and-fall accident. Delaying legal action can make it more difficult to gather evidence and secure compensation for your injuries.

At The Law Office of Jeffrey K. Kestenbaum, we specialize in helping New Yorkers recover damages for medical bills, lost wages, and pain and suffering caused by MTA negligence. Our team will:

  • Collect crucial evidence to build your case.
  • Stand up to the MTA and the City of New York to ensure you get the justice you deserve.

You don’t have to face this challenge alone. Contact us at 718-237-5586 or send us a message for a free consultation with one of our experienced personal injury attorneys. We’re available day or night to discuss your case and help you take the first step toward recovery.

 

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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Symbol of law and justice

New York Slip and Fall Statute of Limitations: What You Need to Know


Posted on June 28, 2018 by

If you’ve suffered injuries in a slip and fall accident in New York, understanding the statute of limitations is crucial to protecting your legal rights. Under New York personal injury law, you typically have three years from the date of the incident to file a claim. Failing to meet this deadline can result in losing your right to pursue compensation for medical expenses, lost wages, and other damages.

What Does the Statute of Limitations Mean?

A statute of limitations is a legal deadline that determines how long an individual has to file a lawsuit after an accident or offense. The time limit depends on the nature of the claim and the jurisdiction.

Why Do Statutes of Limitations Exist?

  • Encourage plaintiffs to pursue claims promptly.
  • Prevent cases from becoming “stale” due to lost evidence or fading memories.
  • Protect defendants from unfair legal exposure decades after an incident.
  • Ensure the judicial process remains fair and efficient.

For serious crimes, such as murder, there may be no statute of limitations, allowing legal action at any time. However, for personal injury cases, strict deadlines apply.

New York Law Regarding Slip and Falls

The New York statute of limitations for slip and fall accidents is generally three years from the date of the incident. However, some circumstances may extend or shorten this deadline.

Key Legal Timeframes for Slip and Fall Cases in New York

  • Standard Deadline: Three years from the accident date (CPLR § 214(5)).
  • Government Property Claims: Stricter deadlines apply:
  • Notice of Claim: Must be filed within 90 days of the incident.
  • Lawsuit Deadline: Legal action must begin within one year and 90 days.
    • Minors or Mentally Incapacitated Individuals: The statute of limitations may be paused until they turn 18 or regain competency.

If you miss the deadline, even by one day, you lose your right to compensation—there are no exceptions. Acting quickly ensures your legal rights remain protected.

Why You Must File a Slip and Fall Claim Without Delay

Waiting too long to take legal action can weaken your case due to:

  • Lost Evidence: Security footage, property hazards, and accident reports may no longer be available.
  • Unreliable Witnesses: Over time, witnesses may forget key details or become unreachable.
  • Strict Filing Deadlines: Courts enforce these deadlines strictly—late claims are automatically dismissed.

Get Legal Help from a Brooklyn Personal Injury Attorney

A slip and fall injury can lead to long-term disabilities, financial strain, and even fatal consequences. If you’ve been injured in Brooklyn, seeking legal assistance immediately is essential. While three years might seem like plenty of time, delays can cost you your right to compensation.

Don’t risk losing your case—take action now. Contact The Law Office of Jeffrey K. Kestenbaum for experienced New York personal injury representation.

Call (718) 237-5586 or fill out our form to schedule a free consultation.

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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