Brooklyn Slip and Fall Lawyer for Injury Victims
From broken brownstone stairs to icy sidewalks, we hold Brooklyn property owners accountable for dangerous conditions.
Slip, Trip, and Fall Injuries Across Brooklyn
Brooklyn’s older buildings, brownstone stoops, uneven sidewalks, and harsh winters create constant fall hazards. A serious fall can fracture a hip, injure the spine, or cause a traumatic brain injury. Our premises liability attorneys help injured Brooklyn residents and visitors hold negligent owners accountable.
Proving the Property Owner Was at Fault
A property owner is liable only when they created a dangerous condition or had actual or constructive notice of it and failed to fix it in a reasonable time. The key questions are how long the hazard existed and whether the owner should have known. We gather incident reports, maintenance logs, prior complaints, and surveillance video to establish that notice.
Brooklyn’s Sidewalk Liability Rule
Under New York City Administrative Code § 7-210, the duty to maintain most sidewalks, and liability for injuries caused by defects, shifts from the City to the abutting commercial or larger residential property owner. That distinction is decisive in many Brooklyn fall cases, and identifying the correct defendant early protects your claim.
Compensation in a Brooklyn Premises Liability Case
A successful slip and fall claim can recover your medical bills, future care, lost income, and pain and suffering. The value depends on the severity of your injury and the strength of the notice evidence. Falls frequently cause hip and wrist fractures, herniated discs, and head injuries, especially for older residents, and these often require surgery and months of rehabilitation. We document every cost so the property owner’s insurer cannot minimize your claim.
Speak With a Brooklyn Slip and Fall Lawyer
We deal with the insurers and prepare your case for trial in Kings County. There is no fee unless we win. Contact us for a free consultation.
Proving the owner knew about the hazard
A property owner is not responsible for every injury that happens on the property. The question in almost every Brooklyn fall case is whether the owner knew about the dangerous condition, or should have known, and had a reasonable chance to fix it.
The proof usually falls into three groups:
- Direct knowledge A prior complaint to the superintendent, a work order, a repair request in a tenant portal or an email to a managing agent. These are held by the building and normally come out through the case rather than beforehand.
- Knowledge the law implies A condition that existed long enough that a reasonable inspection would have found it. Ground in dirt around a broken tile, rust on a loose railing and worn edges on a cracked step all speak to how long it had been there.
- A condition the owner created A recently waxed floor, a hose left running, a mat placed over a step. Here there is no need to show notice at all.
Violation records for the building are often useful, and they are public. Photographs taken on the day remain the single most valuable piece of evidence, because the condition itself is usually repaired within the week.
What a Brooklyn fall claim can cover
- Medical treatment Emergency care, imaging, surgery, physical therapy and the treatment a serious fracture still requires years later.
- Lost income Wages missed during recovery, and the reduction in earning capacity when an injury prevents a return to the same work.
- Pain and suffering The effect of the injury on daily life, assessed on the particular facts rather than on a formula.
- Out of pocket costs Travel to appointments, equipment, and help at home during a period when you cannot manage stairs.
Being partly at fault does not end a claim in New York. Under CPLR § 1411, compensation is reduced in proportion to the share of fault assigned to the injured person, which is why a defendant so often argues about footwear or a phone.
New York law
The statutes that apply to this kind of claim
Each provision below links to its official text published by the New York State Senate. How a statute applies depends on the facts of a specific case.
Three year limit on personal injury actions
Most personal injury cases in New York must be filed within three years of the date of the injury. Several situations change that period, including claims against a public agency and claims on behalf of a child.
Comparative fault
Being partly at fault does not end a claim in New York. Compensation is reduced in proportion to the share of fault assigned to the injured person.
Notice of claim against a public body
This applies when the claim is against a public body: the City, a public housing authority, a public hospital or a school district. Those claims require a written notice of claim, in most cases within ninety days of the incident. A fall on private property, in a store or an apartment building, follows the ordinary rules instead.
This summary is general information about New York law, not legal advice about your situation. Deadlines have exceptions, and some of them are short. Speak with an attorney about the facts of your case.
Who is responsible if I slip on a Brooklyn sidewalk?
Under NYC Administrative Code § 7-210, the owner of the abutting commercial or larger residential property is usually responsible for maintaining the sidewalk and for injuries caused by defects, rather than the City.
What do I have to prove in a slip and fall case?
That a dangerous condition existed and the property owner either created it or had actual or constructive notice of it and failed to fix it within a reasonable time. Evidence of how long the hazard existed is often central.
What if I was partly at fault for my fall?
New York follows comparative negligence, so you can still recover even if you were partly at fault. Your compensation is reduced by your percentage of responsibility.
Reviewed by
Erik Ikhilov, Esq.
Founding Partner & Personal Injury Attorney, Ikhilov & Associates
Founding partner of Ikhilov & Associates and New York personal injury attorney. Admitted to practice in New York, registration number 2550754.
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