Slip & Fall Accidents

New York Slip and Fall Lawyer & Attorney

A slip, trip, and fall can sound minor, but the reality is that these sudden and unexpected accidents can lead to some of the most severe and debilitating injuries, including fractures, traumatic brain injuries (TBIs), and spinal cord damage. In New York, property owners, managers, and tenants have a legal responsibility—a duty of care—to maintain their premises in a reasonably safe condition for visitors. When they fail in this duty and you are injured as a result of a hazardous condition, you have the right to hold them financially accountable. These cases, legally known as “premises liability” claims, require a diligent and experienced Slip and Fall Attorney to prove negligence and secure the compensation you deserve. The Law Office of Bradley A. Sacks has a long track record of success in holding negligent property owners responsible.

The Crucial Element of “Notice” in a Slip and Fall Case
Winning a premises liability lawsuit hinges on proving more than just the existence of a dangerous condition. We must prove that the property owner or the party in control of the property was negligent. A key component of this is establishing “notice.” This means we must demonstrate one of the following:

1. Actual Notice: The property owner or their employees created the dangerous condition themselves (e.g., an employee mopped a floor and failed to put up a “wet floor” sign).
2. Constructive Notice: The dangerous condition existed for a long enough period of time that the property owner should have known about it through the exercise of reasonable care and inspection, and had sufficient time to remedy it or warn of its existence. For example, a broken piece of pavement that has been there for weeks, or a spill in a supermarket aisle that was not cleaned up for an hour.
3. A Recurring Condition: Sometimes, we can prove that the owner was aware of a frequently recurring dangerous condition, such as a leaky freezer that constantly creates a puddle on the floor.

Proving notice is often the most challenging part of a slip and fall case. Property owners and their insurance companies will fight aggressively, claiming they were unaware of the hazard. Our firm acts quickly to preserve critical evidence before it can be destroyed or “disappeared.” This includes securing surveillance video, obtaining maintenance and cleaning logs, taking photographs of the defect, and interviewing witnesses who can testify to how long the hazard was present.

We Handle a Wide Range of Premises Liability Claims
Our expertise extends to injuries that occur on all types of public and private property, including:

• Supermarkets and Retail Stores: Slips on wet floors from spills, tracked-in rain/snow, or leaking freezers; trips over cluttered aisles or improperly placed floor mats.
• Apartment Buildings and Residential Complexes: Falls due to broken stairs, missing or defective handrails, poor lighting in hallways and stairwells, or violations of building codes.
• Parking Lots and Garages: Trips on potholes, cracked pavement, or uneven surfaces; slips on un-shoveled snow or untreated ice.
• Sidewalks and Walkways: Falls caused by cracked, raised, or uneven public or private sidewalks. Claims against the City of New York have special, strict notice requirements.
• Restaurants and Bars: Slips due to spilled food or drinks, and falls in poorly lit areas.
• Office Buildings and Workplaces: Falls due to worn-out carpeting, freshly waxed floors without warning, or electrical cords strung across walkways.

What to Do After a Slip and Fall Accident
The steps you take in the moments and days after a fall can be critical to the success of your claim:

1. Report the Incident: Immediately notify the store manager, landlord, or property owner. Insist they create an official incident report and ask for a copy.
2. Document Everything: If you are able, use your phone to take pictures and videos of the exact condition that caused you to fall from multiple angles. Get photos of the wider area as well.
3. Get Witness Information: If anyone saw you fall or saw the dangerous condition, get their name and phone number.
4. Seek Immediate Medical Attention: Your health is the priority. This also creates an official medical record linking your injuries to the accident. Be sure to tell the doctor exactly how and where you fell.
5. Preserve Your Footwear: Keep the shoes and clothing you were wearing in a safe place. Do not wear them again. They can be important evidence.
6. Do Not Give a Recorded Statement: Do not speak to the property owner’s insurance company or sign any documents without first consulting an attorney.

Premises liability cases are complex and time-sensitive. Let the Law Office of Bradley A. Sacks put our experience to work for you. Contact us today for a free case evaluation.