Brooklyn Slip and Fall Lawyer

Are you looking for a slip and fall lawyer in Brooklyn?

At The Edelsteins, Faegenburg, & Blyakher LLP, we provide slip and fall representation grounded in more than 35 years of work on behalf of clients in Brooklyn.

If you slipped or tripped on someone else’s property in Brooklyn, you may be eligible for compensation. Property owners rarely admit a hazard existed, and their insurers almost never do. Our attorneys have held negligent owners, landlords, and businesses accountable for decades. Glenn K. Faegenburg has been trying injury cases since 1990. Our Brooklyn, NY slip and fall lawyer can secure evidence before it disappears and build a claim that reflects what the injury cost you. Reach out to us for a free consultation.

Slip and Fall Lawyer Brooklyn, NY

A slip and fall case is a negligence claim against whoever controlled the property where you fell. That might be a landlord, a supermarket, a restaurant, a contractor, a co-op board, or the City of New York. Every one of these cases turns on the same question: did the responsible party know, or should they have known, about a dangerous condition and fail to fix it or warn people about it?

Brooklyn generates a large share of these claims. In fiscal year 2023, incidents in the borough produced 4,001 personal injury claims against the City alone, and claims resolved in Brooklyn that year cost the City $172.8 million. Those figures leave out the far larger number of cases against private owners.

Types of Slip and Fall Cases We Handle in Brooklyn, NY

Falls happen in grocery aisles, on brownstone stoops, in subway stations, and on job sites. The location determines who is responsible and what deadlines apply. Our Brooklyn slip and fall attorneys handle the following types of claims.

• Sidewalk accidents. Raised flags, tree-root heaves, broken curbs, and missing grates injure pedestrians across the borough. Responsibility for a sidewalk or pothole usually falls on the adjacent property owner, though certain residential properties and City-owned land follow different rules. We identify the right defendant early, because a mistake there can end a case.
• Snow and ice accidents. Owners have a limited window to clear snow and ice once a storm ends. We pull certified weather records, surveillance footage, and maintenance logs to show how long the hazard sat there.
• Supermarket and retail store falls. Spilled liquids, produce on the floor, and freshly mopped aisles without warning signs. Stores keep sweep logs and incident reports, and we demand them before they are discarded.
• Restaurant and bar accidents. Greasy kitchen entrances, wet bathroom floors, and dim stairwells. We obtained a $1.5 million settlement for a client who suffered back injuries in a slip and fall at a fast food restaurant.
• Apartment building and stairwell falls. Broken steps, loose handrails, burned-out hallway lights, and leaking ceilings. Questions of landlord liability often depend on repair requests a tenant made months earlier, so we track down every complaint.
• Elevator and escalator accidents. A misleveled elevator car creates a step where riders expect flat ground. One client recovered $1,725,000 after a misleveled elevator caused a knee injury. Elevator accidents usually involve both the building owner and the maintenance contractor.
• Workplace falls. A fall on the job may support a workplace injury claim against a third party in addition to workers’ compensation, particularly on construction sites where ladders, scaffolds, and unguarded openings are involved.
• Falls on public property. Parks, schools, subway stations, and City buildings. Claims against government entities carry short deadlines, and suing the City requires a separate set of procedures.
• Falls causing catastrophic injury or death. Some falls cause catastrophic injuries that require lifelong care. When a fall proves fatal, surviving family members may bring a wrongful death claim.

Why Choose The Edelsteins, Faegenburg, & Blyakher LLP as my Slip and Fall Lawyer in Brooklyn, NY?

Experience With New York Premises Liability Law

Glenn K. Faegenburg has handled personal injury cases in New York since earning his law degree from Brooklyn Law School in 1990, following his undergraduate studies at the University of Pennsylvania. Judges, jurors, and clients describe him the same way: direct, persistent, and unwilling to pad a case with theatrics. He has been recognized by Super Lawyers and Best Lawyers. He is also a member of the New York State Trial Lawyers Association (NYSTLA) and the American Bar Association.

Proven Results

Our firm has recovered more than $137 million in settlements and verdicts for injured New Yorkers, including several results in fall and premises cases:

• $1,725,000 settlement for a client who suffered a knee injury due to a misleveled elevator
• $1,500,000 settlement for a client who suffered back injuries after a slip and fall at a fast food restaurant
• $2,750,000 recovered for an HVAC worker who fell through an unguarded hatch
• $4,500,000 settlement for a worker who broke his ankle after falling from a ladder at the Metropolitan Opera House

We take slip and fall cases on a contingency fee basis. There is no legal fee unless we recover compensation for you, and the first consultation is free.

Understanding Slip and Fall Cases

Damages, Liability, and Compensation for Slip and Fall Cases

New York premises liability rests on a handful of core concepts:

• Duty of care. Whoever owns or controls property must keep it reasonably safe for people lawfully on it.
• Notice. You generally must show the owner created the hazard, knew about it, or should have discovered it through reasonable inspection. That last category is called constructive knowledge, and it is where most fall cases are won or lost.
• Comparative negligence. Under New York’s comparative fault rule, a person who shares blame for a fall can still recover, with damages reduced by their percentage of fault. Sharing blame does not end a claim.
• Economic damages. Medical bills, future treatment, lost wages, and reduced earning capacity.
• Non-economic damages. Pain, suffering, and loss of enjoyment of life. New York places no statutory cap on personal injury damages.

Important Aspects of a Slip and Fall Case

The defense in nearly every fall case argues one of two things: the hazard was not there long enough to be discovered, or you should have seen it and stepped around it. Beating those arguments requires proof that exists only briefly.

• Photographs of the condition taken within hours, before it is cleaned or repaired
• Store surveillance video, which many businesses overwrite within days
• Incident reports and the names of employees on shift
• Maintenance, inspection, and sweep logs
• Medical records connecting the injury to the fall

What Is The Slip and Fall Case Timeline?

Most Brooklyn slip and fall cases resolve within one to three years, though serious injuries and contested liability can push that further. The sequence generally looks like this:

• Investigation, evidence preservation letters, and medical treatment in the first weeks
• A notice of claim within 90 days if a government entity is involved, followed by a 50-h hearing
• Filing the lawsuit in Kings County Supreme Court
• Discovery, including depositions and independent medical examinations
• Settlement negotiations, mediation, or trial

What to Bring to Your Slip and Fall Consultation

Bring what you have already available to your consultation. We can obtain any information we need later on.

• Photos or video of where you fell and the condition that caused it
• Names and contact information for any witnesses
• Emergency room records, discharge papers, and follow-up appointment summaries
• Any incident report, letter, or email from the property owner or an insurer
• The shoes and clothing you wore that day, unwashed if possible

The consultation usually takes under an hour. We walk through what happened, tell you whether a claim makes sense, and explain what happens next.

Most Dangerous Locations for Slip and Fall Accidents in Brooklyn

Conditions that produce fall claims across Brooklyn include heaved sidewalk flags on tree-lined blocks in Park Slope, Bedford-Stuyvesant, and Flatbush; uncleared ice outside multifamily buildings after a storm; wet floors in large supermarkets along Atlantic Avenue and Kings Highway; and worn stairs at high-traffic subway stations such as Atlantic Avenue-Barclays Center. Sidewalk claims were the third most frequently filed personal injury claim type against the City in fiscal year 2023, and NYC DOT oversees roughly 12,000 miles of sidewalk citywide.

Reach Out to The Edelsteins, Faegenburg, & Blyakher LLP to Schedule a Consultation

Evidence in a fall case has a short shelf life. Surveillance footage gets overwritten and sidewalks get repaired. The consultation is free, and there is no fee unless we recover for you. We review the facts, explain your options honestly, and begin preserving evidence right away if you decide to move forward. Contact us to schedule a consultation with a Brooklyn slip and fall lawyer.

Slip and Fall Statistics in Brooklyn, NY

Falls are the leading cause of injury for adults 65 and older, but they injure people of every age. The figures our Brooklyn slip and fall attorneys work with, drawn from city, state, and federal agencies, show how often falls happen and what they cost.

The New York City Comptroller tracks claims against the City by borough and by type. Sidewalk claims, which cover broken pavement, defective curbs, and snow and ice, are consistently among the most common personal injury claims filed.

• 2,350 sidewalk injury claims were filed against the City in fiscal year 2023, and the City paid $53.5 million to resolve sidewalk claims that year.
• Among New York City residents 65 and older, falls cause approximately 30,500 emergency department visits, 16,600 hospitalizations, and 300 deaths each year.
• Residents 65 and older account for 82.6 percent of New York fall deaths and 69.2 percent of fall hospitalizations statewide.
• Nationally, more than one in four adults age 65 and older reports falling each year, and about 37 percent of those who fall report an injury that required medical treatment or restricted activity.
• NYC DOT repairs over one million square feet of defective sidewalk every year, mostly next to one-to-three family homes and City property.

Types of Evidence Used in Slip and Fall Cases

Property owners and their insurers defend fall claims by scrutinizing the evidence. Either the hazard did not exist, it was not there long enough to discover, or you were not watching where you walked. The following categories of evidence answer those defenses, and most must be secured within days, which is why a Brooklyn, NY slip and fall attorney sends preservation letters before anything else.

1. Photographs and video of the scene. Take pictures before anything is cleaned, salted, or repaired. Capture the hazard from several angles with something for scale, along with the lighting and any missing warning signs.
2. Surveillance footage. Retention periods can be as short as 72 hours, so we send preservation demands immediately.
3. Incident reports. Most businesses require employees to document a fall. The report often records the condition, the time, and who was working. Do not sign anything that characterizes fault.
4. Witness statements. Other shoppers, tenants, or passersby can confirm the hazard existed and how long it had been there.
5. Maintenance and inspection logs. Sweep logs, snow removal records, elevator service tickets, and repair invoices show what the owner knew and when. We obtain these through discovery.
6. Prior complaints and violations. Earlier 311 complaints, Department of Buildings violations, or tenant repair requests establish notice.
7. Weather data. For snow and ice cases, certified weather records establish when precipitation ended and how much time the owner had to clear the property.
8. Medical records. Emergency room notes, imaging, surgical reports, and physical therapy records connect the injury to the fall. Gaps in treatment give insurers an opening, which is why missed medical appointments matter so much.
9. Footwear and clothing. Defendants routinely blame the victim’s shoes. Preserving them in the condition worn allows an engineer to rebut that claim.
10. Engineering analysis. A safety engineer can measure a sidewalk height differential, test a floor’s slip resistance, or evaluate stair dimensions against accepted standards.
11. Wage and employment records. Pay stubs, tax returns, and employer letters document lost income and reduced earning capacity, which often make up the largest portion of a claim involving bone fractures or spinal cord injuries.

Brooklyn Slip and Fall Lawyer FAQs

How much does a slip and fall lawyer in Brooklyn cost?

Nothing up front. We handle these cases on contingency, so the fee comes out of the recovery at the end, and you owe no attorney’s fee if there is no recovery. The consultation is free, and we explain how legal fees work before you sign anything.

How long do I have to file a slip and fall lawsuit in New York?

Under New York’s statute of limitations, most personal injury lawsuits must be filed within three years of the accident. Claims against the City of New York or another government entity follow a much shorter track that begins with a notice of claim within 90 days.

What if I fell on a City sidewalk in Brooklyn?

The rules change. You must serve a notice of claim within 90 days, attend a 50-h hearing, and file suit within one year and 90 days. The City also generally must have received prior written notice of the defect. We handle each of those steps.

Can I still recover if I was partly at fault for my fall?

Yes. New York’s comparative negligence rule reduces your award by your share of fault rather than eliminating it. A person found 20 percent responsible recovers 80 percent of their damages.

What compensation is available in a Brooklyn slip and fall case?

Medical expenses, future care, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life. The value depends heavily on the injury. A fractured hip or a traumatic brain injury is valued very differently from minor injuries.

What should I do right after a slip and fall?

Get medical attention, photograph the scene, report the fall to whoever controls the property, and collect witness information. Avoid giving a recorded statement to an insurer before speaking with a slip and fall attorney in Brooklyn. Those first steps after a fall shape the entire case.

Who is responsible if I fell in a rented apartment building in Brooklyn?

Usually the landlord or management company, particularly in common areas such as stairwells, lobbies, and hallways. Responsibility can shift to a contractor or maintenance company depending on who created the condition or was hired to fix it.

Do I have a case if there was no warning sign?

The absence of a sign helps, but it is not the whole case. The question is whether the owner knew or should have known about the hazard and failed to address it within a reasonable time.

Will my slip and fall case go to trial?

Most settle. But insurers pay more when they know the attorney will try the case, and we prepare every claim as though it will end in front of a Kings County jury.

How long does a Brooklyn slip and fall case take?

Simple cases with clear liability can resolve in under a year. Cases involving surgery, disputed fault, or a government defendant often take two to three years.

Can I sue if I fell at work in Brooklyn?

Workers’ compensation covers most on-the-job falls, but a separate lawsuit may be available against a property owner, contractor, or equipment manufacturer who is not your employer.

Important Resources for Brooklyn Slip and Fall Cases

What Are Important New York Legal Resources for Slip and Fall Cases?

New York’s premises liability rules come from a combination of statutes and court decisions. The sources below are starting points for the rules that govern timing, fault, and damages.

• CPLR Section 214 sets the three-year statute of limitations for most personal injury lawsuits in New York.
• CPLR Section 1411 establishes New York’s comparative negligence rule for personal injury claims.
• The NYC Comptroller’s claims page explains the 90-day notice of claim requirement for injuries on City property.
• The Comptroller’s Annual Claims Report tracks sidewalk and other injury claims against the City by borough.
• The NYC DOT sidewalk page explains property owner responsibility for sidewalk maintenance and how to report defects.

Local Resources for Brooklyn Slip and Fall Cases

The following Brooklyn resources may be useful after a fall. The Edelsteins, Faegenburg, & Blyakher LLP does not endorse any of these organizations, and listing them here does not imply affiliation or recommendation.

• NYC Health + Hospitals/Kings County: 451 Clarkson Avenue, Brooklyn, (718) 245-3131. Level 1 trauma center serving central Brooklyn.
• Kings County Supreme Court, Civil Term: 360 Adams Street, Brooklyn, (347) 296-1800. The busiest civil term in New York State, and where Brooklyn slip and fall lawsuits are filed.
• NYPD 84th Precinct: 301 Gold Street, Brooklyn, (718) 875-6811. Serves Downtown Brooklyn, Brooklyn Heights, and Boerum Hill.
• NYC 311 Sidewalk Complaints: Report a sidewalk trip hazard or collapsed sidewalk online or by dialing 311.
• NYC Comptroller Bureau of Law and Adjustment: 1 Centre Street, New York, (212) 669-3916. Receives notices of claim for injuries on City property.

About The Edelsteins, Faegenburg, & Blyakher LLP

Our firm has represented injured New Yorkers for decades, and our attorneys obtained a $36 million settlement for a construction worker struck by a utility pole, the largest personal injury settlement ever reported in New York State. Paul J. Edelstein, a graduate of Brooklyn Law School and the State University of New York at Albany. He is also a member of the Brooklyn Bar Association and the Association of Trial Lawyers of America. He has volunteered with the Trial Lawyers Care 9/11 Project. Glenn Faegenburg is a member of Eight Figure Litigators, a group of trial attorneys with eight-figure results.

What Our Clients Say

⭐⭐⭐⭐⭐

“I cannot recommend Edelsteins Faegenburg& Brown LLP highly enough! From the very beginning, they were professional, knowledgeable, and truly invested in my case. They took the time to explain every detail, kept me informed throughout the process, and fought tirelessly to secure a winning outcome.
Their expertise and dedication were evident at every step, and I always felt confident knowing I had such a skilled advocate in my corner. Thanks to Glenn Faegenburg, I achieved the best possible result, and I couldn’t be more grateful.
If you’re looking for a lawyer who genuinely cares and delivers exceptional results, look no further. I would absolutely trust them again for any legal matters in the future!” – Jamie Cohen

Read more reviews on our Google Business Profile.

Additional Resources for Brooklyn Slip and Fall Cases

• Find an Experienced Slip and Fall Lawyer in Brooklyn, New York
• What’s the Difference Between a Trip and Fall Versus a Slip and Fall?
• Five Reasons to Retain a Personal Injury Attorney for Your Slip and Fall Case
• Suing NYC for Sidewalk Injuries in Brooklyn
• Accidents Happen: New York Slip and Fall Lawyers

Contact The Edelsteins, Faegenburg, & Blyakher LLP

A fall that a property owner could have prevented should not leave you paying the bills. Our Brooklyn slip and fall lawyers investigate quickly, deal with the insurance company so you do not have to, and prepare every case for trial. The consultation is free, there is no fee unless we win. Contact us today to speak with a slip and fall attorney.