Category Archives: Brooklyn Slip & Fall Lawyer

When to Call a Playground Injury Lawyer in NYC

Posted on July 14, 2017 by Jeffrey K. Kestenbaum

What Parents Should Know About Playground Injuries

Playgrounds should be some of the safest spaces in New York City, as they are constructed with the safety of kids in mind, but unfortunately, accidents on NYC playgrounds are all too common.

Slip and falls are among the most common causes of playground injuries, often resulting in broken bones, head trauma, and other serious medical issues. If your child was injured because of unsafe playground conditions, speaking with a playground injury lawyer may help you understand your legal options.

At the Law Office of Jeffrey K. Kestenbaum, we help families throughout Brooklyn and New York City pursue compensation after preventable playground accidents.

Common Causes of Playground Accidents

Children can be injured on playgrounds in many different ways. While some accidents are unavoidable, others occur because of dangerous conditions or negligent supervision.

Common causes of playground injuries include broken or defective equipment, slippery surfaces, unsafe swings or climbing structures, poor maintenance, exposed metal or sharp edges, and inadequate safety surfacing beneath playground equipment.

According to Nationwide Children’s Hospital, more than 213,000 children younger than 18 are treated in U.S. emergency departments for playground-related injuries each year. Most playground injuries are caused by falls and commonly involve broken bones, sprains, cuts, and head injuries.

Serious Injuries That Can Occur at Playgrounds

Playground accidents can lead to injuries ranging from minor cuts and bruises to long-term physical trauma. Children may suffer broken bones, concussions, neck and back injuries, sprains, soft tissue damage, and severe lacerations.

In more serious cases, injuries may require surgery, rehabilitation, or ongoing medical treatment. Head injuries can be especially concerning because symptoms are not always immediately visible after an accident.

Who Can Be Liable for a Playground Injury?

Determining liability after a playground accident depends on how the injury occurred and whether a dangerous condition contributed to the incident.

Potentially responsible parties may include:

Property owners
Schools or daycare facilities
Municipalities or parks departments
Maintenance companies
Playground equipment manufacturers

For example, if playground equipment was broken or improperly maintained and the hazard was ignored, the responsible party may be held liable for negligence.

Claims involving public parks can be especially complex because lawsuits against the city often involve strict filing deadlines and legal procedures. Speaking with an experienced NYC playground accident lawyer as soon as possible can help protect your rights.

What to Do After a Playground Accident

If your child is injured on a playground, taking immediate action can help protect both their health and your potential legal claim.

Parents should seek medical attention right away, even if the injury initially appears minor. It is also important to document the accident scene by taking photos of the playground equipment or the hazardous condition that caused the injury.

If possible, gather witness information and report the incident to the property owner, school, or parks department. Keeping records of medical treatment, expenses, and communications related to the accident can also be helpful later.

How a Playground Injury Lawyer Can Help

A serious playground injury can leave families facing medical expenses, emotional stress, and uncertainty about what comes next.

A playground accident lawyer can investigate how the accident happened, determine who may be legally responsible, gather evidence, and handle negotiations with insurance companies. Legal representation can be especially important in cases involving public property or multiple liable parties.

Depending on the circumstances, compensation may be available for medical bills, rehabilitation costs, pain and suffering, and other damages related to the injury.

Contact a NYC Playground Accident Lawyer Today

If your child was injured because of unsafe playground conditions, you may have the right to pursue compensation.

The Law Office of Jeffrey K. Kestenbaum helps families throughout Brooklyn and New York City navigate complex premises liability and playground accident claims. We are committed to protecting your rights and helping your family move forward after a serious injury.

Call (718) 237-5586 or contact us online to schedule a consultation with an experienced playground accident lawyer today.

Brooklyn Slip & Fall Lawyer for Sidewalk & Stairway Injuries

Posted on July 19, 2016 by Jeffrey K. Kestenbaum

Injured in a Brooklyn Sidewalk or Stairway Fall?

A fall on an uneven sidewalk or a poorly maintained staircase can leave you with serious injuries and mounting medical bills through no fault of your own. If you were hurt in a sidewalk or stairway fall in Brooklyn, or anywhere in New York City, you may be entitled to compensation. That’s when it’s time to call an experienced personal injury attorney at the Law Office of Jeffrey K. Kestenbaum.

Sidewalk Liability Under the New York City Administrative Code

The New York City code is unambiguous: under premises liability laws, sidewalks are required to be maintained in a reasonably safe condition by the property owner abutting the sidewalk. If the walkway is actually on the premises of a property owner, that owner is obviously responsible for the maintenance of that walkway.

Poor Maintenance of a Walkway

Any sidewalk that has not been installed, constructed, paved, or repaired, or that contains a dangerous condition like excessive amounts of dirt or other materials, constitutes a failure to maintain. Additionally, raised or sunken lots comprise an unsafe sidewalk. Specifically, City Code names the following sidewalk defects as violations:

Missing sidewalk flags;
Undermined sidewalk flags;
Trip hazards related to vertical grade differentials;
Improper slope that does not allow for proper drainage;
Defects of hardware and/or structural integrity;
Lack of compliance with DOT specifications;
Improper patchwork.

The New York weather is ever-changing, and therefore, a lack of maintenance can also cause potholes, debris, accumulated snow and ice, and more. In many cases, there is someone responsible for your fall.

Are Handrails Required on Public Properties?

NYC stairs must meet the handrail and guard requirements of the building code that applied when the staircase was built. Under the current code, handrails must sit 34–38 inches above the stair nosing, with a graspable handrail generally required on both sides of egress stairs.

Any open side more than 30 inches above the floor below also needs a guard at least 42 inches high, with openings too small for a 4-inch sphere to pass through. Older buildings may fall under different measurements, so part of any stairway accident case is determining which standard applied and whether the property met it.

Questions That Can Affect Your Injury Claim

Several important factors can influence the value and outcome of your claim, including:

What is the statute of limitations on my injury?
How is my personal injury compensation determined, and how does that relate to what an insurance company will pay?
Are there any “special” damages, including medical costs, lost income, personal property damage, or out-of-pocket expenses?
Did my fall result in severe injuries like broken bones or a concussion?
What general damages related to pain and suffering can I seek?
Have there been emotional or psychological stresses due to the injury?
Has my life been negatively impacted by the accident?
Was my accident due to gross negligence on the part of the property owner?

These are the questions that the capable and efficient accident attorneys at the Law Office of Jeffrey K. Kestenbaum will discuss with you. Call (718) 237-5586 to schedule your free consultation in our Brooklyn office.

NY Employers and Safety Guidelines

Posted on June 8, 2016 by Jeffrey K. Kestenbaum

A recent ENR New York article reported that safety precautions implemented and followed by a local construction company did not prevent a city crane from collapsing at 60 Hudson Street in early February of this year. These regulations were put into place after several cranes had collapsed in New York over the past several years. The accident killed one pedestrian, and injured three others. While the news report states the company did in fact follow the precautions, this is not always the case in work-related accidents. Below is a basic understanding of who is responsible if an employer fails to follow safety guidelines and an incident occurs.

Continue reading →

What Happens if I Trip and Fall in a Public Park

Posted on May 31, 2016 by Jeffrey K. Kestenbaum

While parks are great places for picnics, spending time with the family or having a barbecue in the outdoors, an injury can happen on the property. Limbs from trees can come crashing down, a child may fall into a pool, or a person may trip and fall on uneven ground. For these reasons, it is important to know who may be liable for an injury suffered in a park and to understand how to pursue a lawsuit if the park is privately or publicly owned.

Continue reading →

What to do in a Slip & Fall Accident from Water

Posted on May 19, 2016 by Jeffrey K. Kestenbaum

While one is going about his or her busy day, the last thing to expect is an injury from a slip and fall accident. Nevertheless, slip and falls can happen anywhere, at any time and to anyone. If you or someone you know has been injured in a slip and fall due to a wet surface, below are several steps you should take in order to preserve your case.

Continue reading →

Falling At Work: Slips, Trips & Falls

Posted on April 28, 2016 by Jeffrey K. Kestenbaum

According to the U.S. Department of Labor the majority of workplace injuries are a result of slips, trips, and falls. In fact, work-related injuries account for as much as 15 percent of all accidental deaths per year just behind car accidents. It is estimated that work-related injuries result in 65 percent of all lost workdays per year.

Continue reading →