Tag Archives: slip and fall lawyer

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.

Bird's eye view of an indoor stairwell.

Stair Accidents: Unsafe Stairways and Identifying Negligence


Posted on October 26, 2017 by

Slips and falls are common accidents. They can happen in stairways, parking lots, hallways, elevators, escalators, apartment buildings, supermarkets and even private properties. Broken stairs and steps are often a common cause of slips and falls.

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A mother supporting their child on the monkey bar set.

Slip and Fall Injuries at Brooklyn Playgrounds


Posted on July 14, 2017 by

New York parents take their kids to the local playgrounds to release pent-up energy and play with friends. Unfortunately, what is supposed to be a fun day sometimes ends up as a scary visit to the emergency room.

Playgrounds are often the scene of childhood accidents such as slip and fall injuries. Falls are the leading cause of injuries among children. Children can fall off slides and other equipment, causing head trauma and other serious injuries.

Depending on how the accident occurred, your child could be at fault for his or her injuries. If this is the case, then you likely would not be able to recover compensation. However, if a third party caused your child’s injuries, then you have a possible lawsuit. Learn more about common playground dangers and what you can do if your child is injured.

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Faimly Friendly Activities in NYC

Explore NYC with Child Friendly Winter Family Activities


Posted on November 30, 2016 by

The temperatures are dropping and soon the snow will be falling, but that doesn’t mean you and your family need to hibernate all winter long! This is a magical time to be in New York City, whether you’ve lived here all your life, are new in town, or just visiting for the weekend.

With busy holiday celebrations and increased stress and travel, both kids and adults can benefit from outdoor exercise in the winter to keep moving and appreciate the beauty of the season. Here are some fun and family-friendly ways to get outside and explore our amazing city all winter long.

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Stairwells outside of apartment building.

What to do After a Sidewalk or Stairwell Accident


Posted on July 19, 2016 by

Who doesn’t love going to a New York water park or beach on a hot summer day? But what if your fun in the sun is decimated with a fall on an uneven sidewalk? Or perhaps a fall on some stairs occurs because insufficient handrails are available. That’s when it’s time to call the experienced accident attorneys at the Law Office of Jeffrey K. Kestenbaum.

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View of a park in New York City.

What Happens if I Trip and Fall in a Public Park


Posted on May 31, 2016 by

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.

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