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Posted on October 21, 2019 by Jeffrey K. Kestenbaum
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.
Posted on September 23, 2019 by Jeffrey K. Kestenbaum
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.
Posted on April 19, 2019 by Jeffrey K. Kestenbaum
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.
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:
These dangers highlight the importance of vigilance and proper maintenance in these high-traffic areas.
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:
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.
Although the MTA is not accountable for every slip-and-fall incident, it has a legal obligation to keep subway stations safe. This includes:
To pursue a successful claim, your attorney must prove that:
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:
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.
Posted on February 20, 2019 by Jeffrey K. Kestenbaum
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.
Posted on January 29, 2019 by Jeffrey K. Kestenbaum
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.
Posted on July 25, 2018 by Jeffrey K. Kestenbaum
You are crossing a busy New York intersection when you step into a pothole and break your leg. Or maybe you lose your footing and slip, causing broken arms and head trauma.
Posted on June 28, 2018 by Jeffrey K. Kestenbaum
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.
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.
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.
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.
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.
Waiting too long to take legal action can weaken your case due to:
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.
Posted on December 20, 2017 by Jeffrey K. Kestenbaum
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.
Posted on December 11, 2017 by Jeffrey K. Kestenbaum
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.
Posted on October 27, 2017 by Jeffrey K. Kestenbaum
Wet floors can be a scary situation for employees and customers alike. After all, wet and slippery floors are the most common causes of slips, trips, and fall accidents. If you’re an employee, a resident or a property manager, it’s important to understand wet floor regulations and premises liability laws so that you can take action if you have been a victim of a slip and fall.
Proving slip and fall wet floor liability is the key to holding negligent parties accountable and recovering the financial compensation you deserve. At the Law Office of Jeffrey K. Kestenbaum, we help individuals and families throughout Brooklyn and New York City pursue the compensation they deserve after wet floor and slip-and-fall accidents caused by unsafe property conditions.
If you are injured because a business failed to maintain safe premises, the steps you take immediately after the accident can make or break your premises liability claim against aggressive commercial insurance adjusters:
Determining negligence in a slip and fall accident is not always a straightforward matter. However, while negligence is determined on a case-by-case basis, there are some characteristics of an accident that can indicate negligence by the property manager or the workplace.
For example, the owner may have known the condition existed and failed to correct it. Poorly lit rooms lacking adequate lighting, unmopped bathroom floors, and unattended paint spills are all examples of a slip and fall danger that a property manager should correct.
Furthermore, if a slip and fall danger existed for such a length of time that the property manager should have discovered and corrected it prior to the slip and fall incident in question, this can indicate negligence as well. For a deeper dive into how this works, you can read our guide on understanding premises liability and how a premises liability or personal injury attorney can help.
Wet floor hazards can happen anywhere, especially in busy retail stores and other commercial properties, but pursuing a claim against massive corporations requires a specific legal strategy. We routinely handle complex slip and fall cases against major retailers and grocers. Learn more about how we handle claims against major retailers like Target injury claims, Home Depot slip and fall accidents, or local grocery store chains like Wegmans injury cases.
Wet floor signs in the area, warning customers and employees of the hazard, can dispel negligence and civil liability as they raise awareness of a slip and fall danger and reduce the risk of injury. However, just the presence of a wet floor sign can sometimes not be enough. As discussed above, if the owner does not also make an effort to take reasonable and ordinary care of their property, simply warning foot traffic of an impending slip and fall danger may not completely erase or shield the owner from liability in the accident.
Businesses have a duty to keep conditions safe for every customer and visitor. If a business owner does not take swift action to clean up spills, warn customers through appropriate signage, or even regularly mop an entrance area during a particularly rainy day, this is considered a breach of duty. If this breach of duty causes you to slip and fall and suffer serious injuries, then you should seek professional legal assistance and understand your options.
A common fear victims have is being blamed for their own fall. For example, if they were looking at their phone or wearing smooth-bottomed shoes when they slipped. Fortunately, under New York civil law, the state uses a pure comparative negligence system. This means that even if a jury finds you partially distracted and 20% at fault for the accident, you can still recover the remaining 80% of your damages from the negligent property owner who left the floor dangerously wet.
Slip-and-fall accidents on wet floors can cause serious injuries, some of which may require extensive medical treatment and recovery time. Common injuries include:
When a property owner’s negligence causes a wet floor accident, injured victims may be entitled to compensation for their losses. Recoverable damages can include medical expenses, rehabilitation and physical therapy costs, lost income, reduced earning capacity, and pain and suffering.
While sometimes it’s necessary to clean floors and wipe up spills, businesses have a broad responsibility to follow laws regarding wet floor safety. If you have slipped and fallen on a wet floor that had no warning signs, or signs that were improperly used, seek legal help right away to protect yourself from insurance companies trying to deny your claim.
Call (718) 237-5586 or contact us online to schedule a consultation with an experienced Brooklyn personal injury lawyer today.
