Slip and Fall Attorney in Brooklyn
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Brooklyn Slip and Fall Lawyer
Slip and fall accidents are some of the most common personal injury cases in the country. Sometimes, a slip and fall accident causes minimal injuries, whereas other times, it can cause lifelong, debilitating injuries. Slip and falls can happen just about anywhere, from a grocery store to a private home to an airport. If you or a loved one was injured due to a slip and fall, it’s important to reach out to an attorney right away. Morgan & Morgan has been handling slip and fall cases for decades, and we will do everything in our power to ensure that you and your family obtain the justice you deserve. Contact Morgan & Morgan today for a free consultation.
Elements of a Slip and Fall Case
In order to win a slip and fall case, you must prove that the party responsible was negligent. To show negligence, you must prove the following elements:
Duty of Care
The first element of a slip and fall case is to prove that the defendant owed you a duty of care. The general rule is that property owners are required to keep their property in a reasonably safe condition to any individuals who are foreseeably on their property. This is true whether it’s a private home or a business. Owners or those who have control of the property are required to regularly check for spilled substances or uneven surfaces that could cause a person to fall and injure themselves.
Interestingly, this duty of care can be extended to trespassers in some circumstances. If you were trespassing on a property and were injured, you must prove that your trespass onto the property was foreseeable. If you’re able to do this, then you may be able to move forward with a slip and fall claim. For example, if trespassers are often on a specific property, or the owner sees indications of people trespassing on their property often, they may owe them a duty of care despite the fact that they weren’t actually allowed to enter the property. This is particularly true if there is something on the property that is likely to lead people to trespass, such as a pool. This is referred to as an attractive nuisance. It’s not unlikely that a child would see a pool and would enter a person’s property to try to use it or look at it. Should a child enter the property and suffer an injury due to a slip and fall, the owner could be held liable.
Breach
The next thing that must be proven in a slip and fall case is that the defendant breached the duty of care. For example, if a property owner fails to fix damaged walkways, broken or missing handrails, inadequate lighting, or fails to clean up liquid in a place that would be slippery, this is likely a breach of their duty.
Causation
Another element of a slip and fall case is causation. In order to be successful in a claim and recover compensation, you must be able to show that the negligence of the owner—their breach of duty—was what actually caused your injuries. Had the defendant not been negligent, your injuries wouldn’t have occurred.
Damages
If you were involved in a slip and fall due to a property owner’s negligence, you must prove that you suffered losses in order to recover compensation. This could include medical expenses, lost wages, and diminishment in quality of life, among others.
What to Do After a Slip and Fall Injury
Slip and fall injuries are very common, so it’s important to know what steps you should take if you are ever injured as a result of one.
- Take Pictures. One of the most important things you can do after a slip and fall accident is to take pictures of the scene. Take photos of what you believe caused your injury and of the surroundings. Take as many pictures as possible from as many angles as possible. When you contact slip and fall lawyers, this will be incredibly helpful for them when they are preparing and negotiating or litigating your case. If you don’t take pictures right away and an owner fixes the issue that caused your fall before you’re able to document it, this could have a detrimental impact on your claim.
- Get Contact Info of Any Witnesses. If anyone was around to see what happened, you should get their contact information right away. Having eyewitnesses could end up being incredibly important should your case go to trial and the defendant denies what really happened.
- Notify the Owner. If you are healthy enough to speak with someone right after the incident, it’s a good idea to notify the owner of your injury as soon as possible. If you fall while inside a store or an apartment complex, speak with the management or owner of the business. If it’s a business of any kind, they will likely write up a report. Make sure you get a copy of that.
- Call the Police. Even if your injuries don’t seem that severe, it’s wise to contact the police right away. When they arrive, they can take note of the scene and see how the accident occurred. They can also speak with you and the property owner and any witnesses on the scene. Don’t say too much until you speak with slip and fall lawyers, but it’s a good idea to have the police there so they can write up a police report. Make sure you get a copy of that.
- Seek Medical Attention. Anytime you’re injured in a slip and fall, you should seek medical attention as soon as possible. Even if you don’t think that you are severely injured, you should have a doctor take a look. Sometimes injuries don’t show up for a period of time and sometimes they’re internal and you aren’t able to see them. This is a good idea to make sure you are safe and healthy, but it can also be helpful in the future should you decide to file a slip and fall lawsuit.
- Photograph Your Injuries. Finally, make sure you take photos of any visible injuries. This could include scrapes, cuts, or anything else that is visible. It’s also smart to take pictures of any property of yours that was damaged in the fall, such as a watch, cellphone, or anything else valuable that you had with you.
Damages
When you experience an injury from a slip and fall, you may be entitled to financial compensation. To receive damages, you must prove that you actually suffered a loss. The most common damages you can receive in New York slip and fall case include the following:
Medical Expenses. If you had to receive medical treatment, you should be able to recover the cost of all your medical expenses. This can include doctor’s visits, emergency room visits, physical therapy, prescribed medications, and any other financial expenses you incur as a result of the injuries you suffered in the slip and fall.
Lost Wages. Many people who are injured in a slip and fall are unable to work for a period of time. This inevitably means that you will lose out on income that you otherwise would be receiving. If you are successful in your slip and fall case, you can receive compensation that you would’ve received had you been able to work. Additionally, it’s possible to receive lost future wages if you will be unable to work for an extended period of time or if you can’t work at all anymore. Lost future wages can also be awarded if you can no longer work the same type of job and therefore can’t make as much money.
Pain and Suffering. In New York, you can also recover monetary damages for the pain and suffering from your injuries.
Pure Comparative Fault
If you are injured in a slip and fall case in Brooklyn, New York, you might be wondering if you can recover compensation even if you were partially at fault for your injuries. Fortunately, you can. New York is governed by pure comparative fault. This means that a determination will be made about your percentage of responsibility and your awarded compensation will be reduced appropriately. If you are determined to be 20 percent at fault and were awarded $100,000, you will only take home 80 percent of the compensation, or $80,000. Even if you are determined to be 90 percent at fault, you can still recover 10 percent of the awarded compensation.
Statute of Limitations
The statute of limitations is the amount of time in which you must file your claim. In Brooklyn, New York, you must file your claim within three years from the date of the injury. If you fail to file your case on time, your case will almost certainly be dismissed and you will walk away with nothing, even if you otherwise would’ve been entitled to recover monetary compensation. The statute of limitations applies whether you are filing your claim based on an injury or property damage (such as damaging an expensive watch you were wearing when you fell).
While three years sounds like a long time, the sooner you contact an attorney and initiate your claim, the better. The longer you wait, the more likely it is that evidence will no longer exist and witnesses may no longer be in the area. For example, many video recordings from stores or personal doorbells disappear after a certain period of time. If you wait, you could be missing out on evidence that would have proven your case. Additionally, the longer you wait, the harder it will be to contact witnesses. Even if you are able to locate them and speak with them, they may forget the incident and be unable to help you, when they would have been incredibly helpful had you contacted them right after the incident occurred.
Exceptions to the Statute of Limitations
The 3-year statute of limitations applies to almost all personal injury cases in New York. However, there are some exceptions. If the party injured in the slip and fall is under the age of 18, the statute of limitations will not begin until the victim turns 18. This could significantly extend the timeline if the injured party is very young.
Additionally, if the injured party is mentally disabled at the time of the injury, the clock won’t start to run until they are determined to be mentally competent.
Another exception occurs when the defendant leaves New York before the lawsuit can be filed and is gone for at least 4 months. While the defendant is out of state, this time will not count toward the statute of limitations. This is also the case if the defendant is in Brooklyn, New York but is living under a false name.
Contact Morgan & Morgan Today
The slip and fall lawyers at Morgan & Morgan are well versed in handling slip and fall cases. We have handled them throughout the country and have been doing so successfully for decades. When you hire us, you’re hiring a firm that cares about your case as much as you do. You will have a team of professionals on your side to help you obtain the justice you truly deserve. Contact Morgan & Morgan today for a free consultation.
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How do I know if I have a slip and fall claim in Brooklyn, New York?
Every slip and fall case is different, but in all personal injury claims in Brooklyn, New York, there are a few elements that we look at to see if you have a case. We check to see if:
- There were damages. In Brooklyn, personal injury lawsuits are pursued to recover "damages," including medical expenses, lost wages, and pain and suffering. To be eligible for a lawsuit, the injury must involve substantial associated costs, which can vary by state.
- Someone else was at fault. To get compensation from someone else’s insurance company in Brooklyn, they must have acted negligently in a way that caused or contributed to your injuries.
- There’s enough insurance coverage. Personal injury lawsuits in Brooklyn are usually filed against insurance companies, not individuals. Those responsible must have enough insurance coverage to cover the injured person’s medical expenses or fully compensate them for their injuries.
If you are unsure if you have a case in Brooklyn, New York, contact us. We're here to help.
What should I do immediately after a slip and fall accident in Brooklyn, New York?
If you’ve been injured in a slip and fall accident in Brooklyn, New York, you should first and foremost seek medical attention. Your health should be your top priority. Even if your injuries seem minor, get checked by a doctor, as some injuries may not appear immediately.
If you’re at a business or commercial property, notify the manager or property owner and request an incident report. Also, take photographs or videos of the scene, especially the hazard that caused your fall. If anyone saw the accident, get their contact details; their testimony may be important later.
While recovering from your injuries, document your medical treatment, missed work, and other ways the injury has impacted your life.
Another crucial step is consulting an attorney in Brooklyn, New York. An experienced personal injury lawyer can help navigate the legal process and safeguard your rights.
How long after a slip and fall accident can I file a claim in Brooklyn, New York?
The statute of limitations is a legally defined time limit for how long someone has to file a lawsuit. This varies depending on your type of case and your state.
If you’ve experienced a slip and fall in Brooklyn, filing your claim within the required period following the accident is important. Missing this deadline may affect your ability to seek compensation.
However, it’s best to consult with an attorney in Brooklyn as soon as possible after the incident, as gathering evidence and building a case can take time. Your attorney can also assist you with filing everything correctly and on time.
How long does it take to resolve a slip and fall claim in Brooklyn, New York?
The time it takes to resolve a slip and fall case varies based on factors like the case's complexity, the severity of your injuries, and whether the property owner’s insurance company agrees to provide full and fair compensation.
Some cases are settled within a few months, while others may take a year or more if litigation is required. At Morgan & Morgan, we aim to resolve cases efficiently while fighting for maximum compensation for our clients in Brooklyn, New York.
Our army of over 1,000 trial-ready attorneys is prepared to fight to the very end for the compensation our clients in Brooklyn need and deserve to move forward with their lives. When you work with Morgan & Morgan, your attorney will keep you informed about the progress of your case at every step of the way.
Why should I hire Morgan & Morgan in Brooklyn, New York?
At Morgan & Morgan, our skilled slip and fall attorneys have successfully represented numerous clients in Brooklyn and similar cases, recovering millions in compensation. As the country's largest personal injury law firm, with over 1,000 lawyers nationwide, we have the resources, knowledge, and dedication to fight for your rights.
We work on a contingency fee basis, meaning you won’t have to pay unless we win your case. Morgan & Morgan believes justice should be accessible to all, so our motto is the Fee Is Free™—you only pay if we win.
We take pride in ensuring that negligent property owners in Brooklyn, New York, are held accountable for the harm they’ve caused. Don’t bear the burden of your injuries on your own because of someone else’s negligence. Contact Morgan & Morgan in Brooklyn, New York, today for a free case evaluation to learn more about your legal options.
How much does it cost to hire Morgan & Morgan in Brooklyn, New York?
Morgan & Morgan's slip and fall attorneys in Brooklyn, New York, operate on a contingency fee basis, meaning you won’t face any upfront costs or expenses until your case is resolved. That’s correct—the Fee Is Free™, so you only pay if we win. Our fee is a percentage of the settlement or verdict, ensuring we fully commit to securing your best possible outcome.
What compensation can I recover for a slip & fall claim in Brooklyn, New York?
The compensation available in a slip and fall lawsuit depends on various factors, such as the severity of your injuries, medical costs, and the overall impact on your life. Typically, compensation can include coverage for medical expenses, lost wages due to missed work, financial relief for physical and emotional pain and suffering, reduced quality of life, permanent disability, or even future loss of earning capacity.
Every case is unique, so the amount of compensation can differ. An experienced attorney at Morgan & Morgan in Brooklyn, New York, can evaluate your case and better understand what you may be entitled to. Take advantage of a free case evaluation to learn more.
Do I have to pay for a consultation with a slip & fall lawyer in Brooklyn, New York?
No. At Morgan & Morgan in Brooklyn, New York, consultations are free. We believe everyone deserves access to legal advice, regardless of their financial situation. Hiring one of our slip & fall lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my slip & fall case team in Brooklyn, New York?
When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices across all 50 states and Washington, D.C. Your case in Brooklyn, New York, will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team with a primary attorney overseeing your case and ensuring you receive personalized attention.
When do I meet with my slip & fall lawyer in Brooklyn?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way. Depending on your case’s requirements and your ability, these meetings can be conducted in person, virtually, or by phone.
Can I sue my landlord for a slip and fall claim in Brooklyn, New York?
What happens if you slip and fall in your apartment building in Brooklyn and sustain an injury? You might wonder if you can sue your landlord. This depends on the laws in Brooklyn, New York.
In general, landlords are responsible for keeping all common areas of a property reasonably safe. Like other property owners, if a landlord is aware of an unsafe condition or reasonably should have known about it but fails to address it, they may be liable for damages incurred by the injured party.
Proving this depends on the circumstances of each case. To determine this, courts will consider factors such as the length of time the unsafe condition existed and the severity of the hazard. In certain circumstances, landlords can also be liable for slip and falls in a tenant’s apartment.
When a new tenant moves into a Brooklyn apartment, the landlord must inform the tenant of any known defects on the premises. The failure to notify a tenant of defects that the tenant could not have discovered during a reasonable inspection of the property could mean the landlord is liable if a slip & fall accident occurs. Also, a landlord may be liable for slip and falls within a tenant’s apartment when a building code or ordinance is violated. As always, it depends on the circumstances of the case and local Brooklyn laws.
Can I file a slip and fall lawsuit against a business in Brooklyn, New York, if I didn’t report it immediately?
You can still file a lawsuit in Brooklyn, New York, even if you didn’t immediately report the slip and fall accident. However, reporting the incident as soon as possible strengthens your case, creating an official record of what happened. If you didn’t report it immediately, you’ll need to provide other compelling evidence to support your claim, such as witness statements from people who saw the accident, medical records that tie your injury directly to the fall, or photographs or videos showing the hazardous condition.
A Morgan & Morgan attorney in Brooklyn can help you gather the necessary evidence and build a strong case, even if you delayed reporting the incident.
Who is responsible if I slip and fall at an Airbnb in Brooklyn, New York?
Airbnb is a popular alternative to traditional hotels and other standard accommodation options for travelers worldwide, including those visiting or staying in Brooklyn, New York.
Staying in homes and other properties listed on the service is often more affordable than hotels or resorts, but what happens if you or your family get hurt at someone else’s property? Whose insurance covers your slip and fall accidents?
Airbnb is known for providing its hosts with Host Protection Insurance, which is the primary insurance policy in effect for hosts during a guest’s stay and carries $1 million worth of coverage per stay. If you’re injured on a host’s property, you’d likely seek compensation for your medical bills and other expenses from Airbnb’s insurer. Airbnb’s million-dollar insurance policy applies on a per-occurrence basis for an accident involving bodily injury or property damage, according to Airbnb materials on its site.
Can I file a slip and fall lawsuit if my injury occurred on government property in Brooklyn, New York?
If you were injured in a slip and fall on government property in Brooklyn, New York, you can file a lawsuit, but there are extra steps to follow. First, you must submit your claim notice to the government. You may file a lawsuit if they deny your claim or don’t respond. Because the process is more complex than regular slip and fall cases, it’s a good idea to talk to an attorney with experience with these types of claims.
When do slip and fall accidents happen in Brooklyn, New York?
Trip, tumble, slip, and fall accidents can happen anywhere —from grocery stores and shopping malls to sidewalks and workplaces. Understanding the most common causes can help victims recognize when they may be entitled to compensation.
Wet or Slippery Surfaces: The most common cause of slip and fall accidents is wet or slippery floors. Water, oil, or other liquids—from spills, leaks, or cleaning activities—create hazardous conditions that catch people off guard. Businesses and property owners are responsible for ensuring that floors are kept dry or marked with warning signs when they’re wet.
Uneven Flooring or Sidewalks: Cracked, uneven, or poorly maintained flooring and sidewalks are frequent culprits in slip and fall accidents. These include torn carpets, broken tiles, unstable or loose floorboards, and even raised sidewalks due to tree roots and weathering. Property owners are expected to repair or mark uneven surfaces to prevent accidents.
Inadequate Lighting: Poor lighting can make it difficult for people to see obstacles, uneven surfaces, or wet spots, increasing the likelihood of a slip and fall. This is especially dangerous in parking lots, stairwells, hallways, entrances, and exits.
Poor property maintenance often results in inadequate lighting, and the property owner is responsible for ensuring that all areas are well-lit and safe for visitors.
Clutter and Obstacles: Debris, wires, merchandise, or other items left in walkways create tripping hazards in high-traffic areas. Property owners and employees must keep floors clear of obstacles.
Defective or Broken Staircases: Broken handrails, loose steps, or uneven stair heights are common causes of falls on staircases. Property owners and managers must ensure that staircases are maintained and compliant with safety codes to prevent accidents. A fall down stairs can lead to particularly severe injuries, such as head trauma or spinal damage.
Weather Conditions: Rain, snow, and ice can create hazardous conditions, especially when not properly managed. Icy sidewalks, slippery entryways, and rain-soaked floors increase the risk of slip and fall accidents. While property owners can’t control the weather, they are responsible for taking reasonable steps to minimize danger, such as shoveling snow, salting icy areas, and providing mats for wet shoes.
How can I hold a negligent property owner accountable in Brooklyn, New York?
If you’ve been injured in a slip and fall or another accident on someone else’s property in Brooklyn, New York, you have the right to hold the property owner accountable for their negligence. Property owners in Brooklyn are legally obligated to maintain safe premises, and when they fail to do so, they can be held liable for resulting injuries.
Premises liability law in Brooklyn, New York, ensures that property owners are held responsible for injuries caused by unsafe conditions on their property. This applies to various locations, including homes, businesses, apartment buildings, and public spaces. To succeed in a premises liability claim, you must demonstrate that the property owner’s negligence directly caused your injury.
You must demonstrate that:
- The property owner owed you a duty of care: This duty depends on your status as a visitor. For instance, customers in retail spaces are owed the highest duty of care, whereas trespassers typically receive less protection.
- They breached that duty: The property owner failed to fix or warn you about hazardous conditions, such as a wet floor or broken handrail.
- The breach caused your injury: There must be a clear connection between the unsafe condition and your injury.
- You suffered damages: You must show that your injury led to damages such as medical bills, lost wages, or pain and suffering.
To do this, gather evidence, such as photographs or videos of the hazard, witness statements, incident reports, and medical records from your injuries and treatment. Report the accident to the property owner to create a record of the incident. Finally, contact a slip and fall lawyer at Morgan & Morgan in Brooklyn.
Premises liability claims can be complex, and having an experienced attorney in Brooklyn, New York, by your side will increase your chances of a successful outcome. At Morgan & Morgan, we have over 35 years of experience handling premises liability cases, and we know what it takes to hold negligent property owners accountable. Our attorneys work diligently to gather evidence and build a compelling case that proves the property owner’s responsibility for your injury.
If negotiations with the property owner’s insurance company in Brooklyn, New York, don’t result in a fair settlement, your attorney may advise filing a premises liability lawsuit. This formal legal action seeks to hold the property owner legally and financially responsible for your injury. Compensation can cover various damages, such as medical expenses, lost wages from missed work, and pain and suffering.
How can a slip & fall injury impact your life in Brooklyn, New York?
Although a slip and fall injury may initially seem minor, its consequences can be severe and long-lasting. These accidents often result in physical, emotional, and financial hardships, impacting nearly every part of your life. At Morgan & Morgan, we understand the significant effects of slip and fall injuries and are dedicated to helping victims of injuries in Brooklyn, New York, recover the compensation they deserve.
Physical Impact
A slip and fall injury's most immediate and noticeable effect is the bodily harm it causes. Injuries can range from minor bruises to severe, life-altering conditions, such as:
- Broken bones: Fractures in the arms, wrists, ankles, or hips are common, especially in older adults.
- Head injuries: Slip and fall accidents can result in traumatic brain injuries (TBI), concussions, or skull fractures, which may lead to long-term cognitive and physical impairments.
- Spinal cord injuries: A fall can damage the spine, leading to chronic pain, limited mobility, or even paralysis in severe cases.
- Soft tissue injuries: Ligament tears, sprains, and strains can cause ongoing pain and require months of rehabilitation. These injuries may require surgery, physical therapy, or extended hospital stays, disrupting your daily life and limiting your independence.
Emotional Impact
The emotional toll of a slip and fall injury can be just as significant as the physical damage. Victims in Brooklyn, New York, may experience:
- Anxiety and fear: After an accident, it’s common to feel anxious about walking in public places or even within your own home, fearing another fall.
- Depression: The loss of mobility or independence can lead to feelings of hopelessness and depression, especially if the injury prevents you from working or enjoying activities you once loved.
- Social isolation: If your injury limits your ability to engage in social activities, you may feel cut off from your community, contributing to loneliness and emotional distress. These emotional struggles are a legitimate and important part of the recovery process, and victims deserve compensation for the mental anguish caused by a slip and fall accident.
Financial Impact
The financial burden of a slip and fall injury can be overwhelming. Costs associated with medical treatment, rehabilitation, and long-term care add up quickly, and without adequate compensation, victims may find themselves facing serious financial difficulties. Key economic challenges include:
- Medical bills: Hospital visits, surgeries, physical therapy, medications, and ongoing medical care can quickly become expensive, especially if your injury requires long-term treatment.
- Lost wages: If your injury prevents you from working, you may lose weeks or months of income. In some cases, a victim may be unable to return to their previous job or may face reduced earning capacity due to injury.
- Rehabilitation costs: Long-term physical therapy, home modifications, and assistive devices (such as wheelchairs or walkers) can create additional financial stress. A successful slip and fall claim can help cover these expenses, allowing victims to focus on their recovery without the added burden of financial worry.
Impact on Quality of Life
A serious slip and fall injury can significantly reduce your quality of life. You may face challenges in performing daily activities, such as:
- Loss of mobility: Injuries like fractures or spinal damage can limit your ability to move freely or care for yourself.
- Chronic pain: Many slip and fall injuries result in ongoing pain that affects your ability to sleep, work, or enjoy recreational activities.
- Loss of independence: Some victims may need help with personal care or mobility, requiring them to depend on others or transition to assisted living facilities.
In some cases, these changes are permanent, and victims are left with a diminished quality of life that impacts their ability to engage in hobbies, maintain relationships, and enjoy their day-to-day experiences.