Brooklyn Slip and Fall Lawyer

Generally by showing a dangerous condition, that the defendant owned, managed or controlled the spot (or, for a sidewalk, was the abutting owner responsible for it), that it created the condition or knew or should have known about it in time to fix it or warn you, and that it caused your injury. Photos, the incident report, video, complaints and maintenance records are the usual proof.

Against a private owner, landlord or business, generally three years, with no notice of claim. If the City may be responsible, for example for a sidewalk next to a one-, two- or three-family home that is owner occupied in whole or in part and used exclusively for residential purposes, a notice of claim is due within 90 days and suit within one year and 90 days. Subway, NYCHA and other public-authority claims follow their own statutes.

Building owners and landlords, co-ops and condominiums, managing agents, stores and restaurants and the owners who lease to them, contractors whose work created a hazard, and, in limited situations, the City or a public authority. Liability usually follows who controlled the area and who was responsible for maintaining it; more than one party can share it.

It depends on the injury, the treatment and recovery, lost income, how the injury affects daily life, and how strong the proof of notice is. We do not quote figures before reviewing the records. The firm’s published premises results are listed on this page; they do not predict the outcome of any other case.

Get medical care and tell the provider how you fell. Report the fall to the owner, super or store manager and ask for the incident report number. Photograph the exact spot, the surface and the lighting, note the address, keep your shoes, and write down witness names. Be careful about recorded statements to the owner’s insurer before you get advice.

Often, yes, usually against the abutting private owner, who must keep the sidewalk reasonably safe, with no notice of claim needed. If the property is a one-, two- or three-family home that is owner occupied in whole or in part and used exclusively for residential purposes, the City may be responsible instead, generally only where it had prior written notice of the defect, plus a 90-day notice of claim. The exemption does not automatically clear a homeowner who created the defect.

The store and sometimes the building owner must keep the premises reasonably safe. The questions are whether staff created the hazard, for example mopping without a warning sign, whether it was reported, and whether it was there long enough that a reasonable inspection would have found it. Ask for an incident report and act quickly, because store video is often recorded over.

Owners must keep common areas such as entrances, stoops, lobbies, stairs and hallways reasonably safe. That includes clearing snow and ice within a reasonable time after a storm, fixing leaks and broken steps, and keeping stairs lit and railings secure. Liability usually requires that the owner created the condition or knew or should have known about it. Tenant complaints and repair requests are important proof.

Medical expenses, lost earnings and earning capacity, out-of-pocket costs, and pain and suffering, including loss of enjoyment of life and lasting limitations. The amount depends on the injury and the proof in your case.

Usually yes. In a fall case your share of fault generally reduces the damages in proportion rather than barring the claim (CPLR 1411). An argument that the hazard was open and obvious is mainly treated as a question of comparative fault.

It depends on how long treatment lasts, whether liability is disputed, how many parties are involved and whether a lawsuit is needed. Many cases cannot be valued until the medical picture is clear. We will explain what is driving the timeline in your case and keep you informed.