Tag Archives: Brooklyn Premise Liability Lawyer

Brooklyn premise liability lawyer

A person about to slip on green marbles

If Someone is Injured On Your Property, Are You Liable?


Posted on March 27, 2018 by

A friend comes over to your house and slips on a patch of ice while walking up your driveway. In another incident, a trespasser sneaks into your backyard, falls down a hill and breaks an arm. Are you, as a property owner, responsible for either of these incidents?

Under premises liability law, property owners have a duty to avoid exposing people to an unreasonable risk of harm due to a natural or artificial condition. The law states that if the property owner should be aware of the risk and does not remedy the situation in a timely manner, then he or she could be considered negligent and potentially held liable in a lawsuit requesting compensation for damages.

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Taxi on snowy city street

What Should I Do if I Slip and Fall on Ice or Snow?


Posted on February 27, 2017 by

Winter weather in New York City brings unique challenges, including the risk of slip-and-fall accidents caused by ice and snow accumulation. Although the snow may seem to disappear after each storm, hazards remain a constant threat during the colder months. With Punxsutawney Phil predicting six more weeks of winter, it’s essential for New Yorkers to stay vigilant about potential hazards and know their rights if an accident occurs.

This guide explores where slip-and-fall accidents are most likely, who may be held liable, and what steps to take if you’re injured.

How Ice and Snow Can Cause Slip-and-Fall Accidents

Slippery surfaces can lead to serious injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and deep cuts. These injuries may result in severe complications like paralysis or excessive blood loss. Beyond physical pain, victims often face significant financial burdens, including medical bills and lost wages from extended recovery periods.

When another party fails to properly clear snow or ice, they may be held responsible for your damages through a premises liability claim. Compensation can help cover your expenses and improve your quality of life.

Common Areas to Watch for Ice and Snow Hazards

Some outdoor areas that are typically safe can become dangerous during winter. Be cautious in these locations:

  • Roads: The freeze-thaw cycle creates potholes, endangering both motorists and pedestrians.
  • Outdoor Steps: Slippery stairs and handrails increase the likelihood of losing balance.
  • Sidewalks: Snow and ice can obscure hazards like raised tree roots or broken pavement, making them difficult to navigate.

Who Is Liable for Injuries Caused by Ice and Snow?

Property owners are responsible for maintaining safe conditions on their premises during winter. If your accident occurred on a sidewalk, the building owner adjacent to that section of sidewalk may be held liable for your injuries.

Key responsibilities of property owners include:

  • Shoveling snow as it accumulates
  • Applying salt or sand to prevent icy conditions

If a property owner knew about a hazard and failed to address it, they can be deemed negligent. To file a premises liability claim, you’ll need to prove that the property owner’s negligence directly caused your injuries and resulting damages.

Government Property Accidents
If your accident occurred on government-maintained property, such as a park or public concourse, you may file a claim against the responsible agency. However, the process differs from private property claims:

  • Notify the agency of your intent to file a claim within 90 days of the accident.
  • File your claim within one year and 90 days of the incident.

For private property claims, the statute of limitations is typically three years from the date of the accident.

Steps to Take Immediately After a Fall

If you’re injured in a slip-and-fall accident, follow these steps to protect your health and preserve your legal options:

  1. Assess Your Injuries:
    • Stand up if you can do so safely. If not, stay put and call for help.
  2. Document the Scene:
    • Take photographs of the ice or snow, your injuries, and the location of the fall.
  3. File an Accident Report:
    • Notify the property owner and document the time, date, and details of the incident.
    • Obtain the owner’s contact and insurance information.
  4. Collect Witness Information:
    • Gather contact details from anyone who saw the accident. Their testimonies may support your claim.
  5. Seek Medical Attention:
    • Even if your injuries seem minor, consult a doctor to rule out underlying issues.
    • Follow your doctor’s treatment plan to ensure a full recovery and protect your claim.
  6. Consult a Personal Injury Attorney:
    • An attorney can help you pursue compensation for damages such as medical expenses, lost wages, and pain and suffering.

What Can You Recover Through a Premises Liability Claim?

Victims of slip-and-fall accidents may seek compensation for:

  • Medical Expenses: Hospital bills, medication, rehabilitation, and other treatment costs.
  • Lost Wages: Income lost during recovery or due to permanent disability.
  • Pain and Suffering: Compensation for emotional distress, psychological counseling, or mobility aids needed after the accident.

Why Work With an Experienced Brooklyn Personal Injury Attorney?

Winter weather creates dangerous conditions across New York City, but property owners have a legal obligation to maintain their premises. When they fail to uphold this duty, victims can suffer severe injuries and life-altering consequences.

At The Law Offices of Jeffrey K. Kestenbaum, we are committed to helping slip-and-fall victims recover the compensation they deserve. From gathering evidence to negotiating with insurance companies, we handle every aspect of your case.

Contact us today at (718)-237-5586 or fill out our form to schedule a consultation. Let us help you identify the responsible party and build a strong case for your claim.