Tag Archives: slip and fall

A person bracing themself after slipping and falling on an icy sidewalk

Icy Sidewalk Slip and Fall Injuries


Posted on December 15, 2022 by

Icy Sidewalk Slip and Fall Injuries

Winter in New York is filled with festive holiday markets, open-air ice skating, and sparkling decorations worth braving the cold to see. But it is also a time for harsh weather conditions that makes getting around the city particularly challenging.

Regardless of your age or agility, you can be at risk of having an accident on an icy sidewalk and suffering from painful injuries. If this happens to you outside of a business, here’s how a slip and fall lawyer can help you hold the responsible party accountable and get compensated for your fall-related medical bills.

A Business’ Duty of Care During Icy Weather  

No one can control the weather – not you, local businesses, or your favorite New York City meteorologist. However, business owners are responsible for making conditions on their property safe and taking care of hazards to prevent pedestrian accidents.

Property owners are required by law to take reasonable care to decrease the risk of falls on their properties by removing snow and ice. If hazardous conditions are not addressed within a fair amount of time, a property owner can be held liable for a victim’s fall.

Types of Icy Sidewalk Injuries

Slip and fall accidents in the winter often occur on sidewalks, streets, and parking lots outside of businesses and residential homes. Black ice is one of the most common causes of falls in New York, and fall risks increase if a pedestrian is distracted or intoxicated. Icy sidewalk injuries send many New Yorkers to the emergency room every winter to treat broken bones, hip fractures, herniated disks, spinal cord injuries, and concussions.

Oftentimes, a person will fall on ice and be in a state of shock afterward. Even if your injuries do not seem significant after a fall on an icy sidewalk, it is best to get checked out by a medical professional as soon as possible in case minor aches are actually an early warning sign of a more serious problem.

Pursuing An Icy Sidewalk Case Against a Business  

If you fell on an icy sidewalk outside of a New York business, you may be able to file a claim against the company or another third-party group and receive a settlement to help you pay for the damages of your fall. Jeffrey K. Kestenbaum is a local slip and fall lawyer who can help you prove that the business owner was negligent in clearing the sidewalk of ice and maintaining a safe place of business. This is especially true if the icy conditions were left unattended to for an extended period of time and ignored by the business owner.

To prove your case, your slip and fall lawyer will utilize all available documentation to bring justice to your unfortunate situation. Documentation may include photos of the accident scene, witness testimony from other people who noticed the icy conditions, and medical records showing your fall-related injuries.

Contact a Slip and Fall Lawyer Today

Icy sidewalks are inevitable and a part of life in New York City, so it is wise to be prepared for whatever comes your way as you navigate the city’s sidewalks. If you or someone you care about suffers from a fall outside of a business this winter, remember Jeffrey K. Kestenbaum’s name and keep the phone number 718-237-5586 handy.

We offer free icy sidewalk slip and fall consultations to assess potential cases against negligent businesses and can guide you through the legal process of filing a claim. Please stay safe during and after winter storms this season, and contact us 24/7 if you need legal help.

Man slips and falls at a grocery store and is lying on the ground face-up with his hand over his eyes.

Did You Slip and Fall at Aldi and Suffer Injuries?


Posted on September 16, 2022 by

Many New Yorkers shop at Aldi to save money on groceries and household items, but getting injured is the last thing they think about while walking through the aisles. Whether you’re shopping at the Aldi store on Nostrand Avenue, Gateway Drive, Flatbush Avenue, or another location, you deserve to be safe from harm at all times while on Aldi property.

This article addresses slip and fall Aldi accidents and how a slip and fall lawyer can help if you have been hurt in an Aldi store.

Why Slip and Fall Aldi Accidents Happen

Aldi stores may seem like pretty safe places at first glance, but a lot of things can go wrong for unsuspecting shoppers. For example, shoppers can be injured by slippery floors, leaks and spills from items on the shelves, and broken grocery carts.

Snowy and rainy New York weather and pallets of items left out to be stocked on shelves can also cause slip and fall Aldi accidents. The injuries that result from these situations could range anywhere from minor bruises to bone fractures, concussions, and spinal cord injuries.

 What to Do After Your Slip and Fall Accident 

After a slip and fall in any grocery store, it is important to first seek medical treatment for your injuries. But while you are still in the store, report your fall to a store manager and collect contact information for the manager on duty and any witnesses who saw you fall. If possible, take some photos of the accident scene and write down some notes to refresh your memory later about the circumstances.

Pursuing a Case Against a Grocery Store

Depending on the details of your Aldi accident case, you could be entitled to compensation for physical, emotional, and financial damages. This is because Aldi stores have a legal obligation to keep their locations safe and free from hazards. But to recover any money from Aldi, you will first need to prove that the store and/or staff were negligent and that one or more third parties were cause of your fall-related injuries.

Rather than instantly settling with an insurance company to expedite the claim, make sure to call a Brooklyn slip and fall law office, such as the Law Office of Jeffrey K. Kestenbaum. With a skilled attorney on your side who knows how to pursue Aldi for damages, you will have the best chance of success and be able to get back to your normal life.

 Contact a Slip and Fall Accident Lawyer

The Law Office of Jeffrey K. Kestenbaum handles slip and fall accident cases that take place in Aldi and other places of business. We know how to prove cases against major corporations, like Aldi, so that you are made whole again and receive the compensation you deserve.

We will help you prove that your injuries are significant and a direct result of Aldi’s negligence by using all evidence available, such as video surveillance footage, documentation in your medical records, witness statements, and credible testimonies. We will also help you prove that the Aldi staff knew about the hazard that caused your injuries or should have known about the problem based on a standard of reasonableness.

To schedule your free legal consultation and tell us about your Aldi incident, contact our office via online form or by phone at 718-237-5586.

A person mopping behind a wet floor sign.

Brooklyn Wet Floor Slip & Fall Lawyer


Posted on October 27, 2017 by

Who’s Liable After a Wet Floor Slip and Fall in Brooklyn?

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.

What to Do Immediately After a Slip and Fall on a Wet Floor

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:

  • Document the Scene: Photograph the accident scene by taking photos and videos of the wet floor, the liquid, and the exact placement (or complete absence) of any warning signs to preserve vital evidence.
  • Report the Incident: Alert the store manager immediately and request a written incident report. Do not apologize, minimize your injuries, or say “I’m just clumsy.”
  • Identify Witnesses: Gather the names and phone numbers of anyone who saw you fall or saw the spill before you fell.
  • Seek Medical Care Immediately: Establish a medical paper trail right away. Even if your pain seems minor at first, adrenaline can mask serious injuries.

Determining Slip and Fall Negligence

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.

Common Locations for Wet Floor Accidents

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 claimsHome Depot slip and fall accidents, or local grocery store chains like Wegmans injury cases.

Do Wet Floor Signs Protect Property Managers from Negligence Claims?

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.

Understanding New York’s Comparative Fault Rules

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.

Common Injuries and Recoverable Damages

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:

  • Fractured wrists and arms from trying to break a fall
  • Broken hips and pelvises
  • Concussions and traumatic brain injuries (TBIs)
  • Torn ligaments and herniated discs

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.

Get Legal Help from a Brooklyn Personal Injury Lawyer

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.

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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Man slipping on floor. "Caution wet floor" sign placed in front.

What to do in a Slip & Fall Accident from Water


Posted on May 19, 2016 by

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.

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Man slipping on floor. "Caution wet floor" sign placed in front.

Falling At Work: Slips, Trips & Falls


Posted on April 28, 2016 by

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.

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