BROOKLYN, NY - Slip and fall accidents on dangerous property conditions send thousands of New York residents to emergency rooms each year with broken bones, head trauma, and other serious injuries. Brooklyn slip and fall attorney Michael Roitman of Kucher Law Group (https://www.rrklawgroup.com/can-i-sue-for-a-slip-and-fall-accident/) explains the legal requirements injured victims must meet to pursue compensation from negligent property owners.
According to Brooklyn slip and fall attorney Michael Roitman, proving negligence in premises liability cases requires establishing four critical elements under New York law. Property owners must have owed a duty of care to the injured party, breached that duty by allowing or creating a dangerous condition, and that breach must have directly caused the injuries and resulting damages. "The property owner's knowledge of the hazard is often the most contested issue in these cases," explains Roitman.
Brooklyn slip and fall attorney Michael Roitman emphasizes that New York law requires proof of either actual or constructive notice before property owners can be held liable. Actual notice means that the owner or an employee had direct knowledge of the specific hazard before the accident, such as written customer complaints or maintenance records showing repeated repairs. Constructive notice applies when the dangerous condition existed long enough for a reasonable inspection to have discovered it.
Attorney Roitman notes that common dangerous conditions include wet floors not cleaned promptly, torn or bunched carpeting, uneven flooring or sidewalks, inadequate lighting in stairwells, and snow and ice accumulation. "Evidence such as photographs of the hazard, witness testimony, and prior incident reports helps establish that the owner knew or should have known about the danger," he adds.
The firm handles slip-and-fall cases throughout Brooklyn and Kings County, with matters proceeding in the Kings County Supreme Court at 360 Adams Street in downtown Brooklyn. New York follows a pure comparative negligence system, meaning injured parties can recover damages even if partially at fault for their accidents, with compensation reduced by their percentage of fault.
Roitman advises that strict deadlines apply to slip-and-fall claims. "For accidents on private property, including businesses and apartment buildings, injured victims have three years from the accident date to file a lawsuit under New York Civil Practice Laws and Rules Section 214," he states. "However, claims against municipal defendants like the City of New York require filing a Notice of Claim within 90 days and the lawsuit within one year and 90 days from the accident."
Property owners frequently defend cases by arguing that the dangerous condition was open and obvious or that the injured party bears some fault. "Even when a hazard is visible, property owners may still be liable if there was no safe way to avoid the danger or if the owner had superior knowledge about the hazard," notes Roitman. Strong evidence demonstrating that the injured party acted reasonably, including witness statements and surveillance footage, helps minimize the assigned percentage of fault.
Damages in slip-and-fall cases include medical expenses for emergency care, hospital stays, surgeries, and ongoing treatment, as well as lost wages and diminished future earning capacity. Non-economic damages address pain and suffering, emotional distress, and permanent disabilities that affect quality of life.
For those injured in slip-and-fall accidents on dangerous premises, contacting an experienced premises liability attorney may help preserve evidence and protect legal rights. Early intervention allows attorneys to photograph conditions, obtain surveillance footage before it is deleted, and interview witnesses while their memories remain fresh.
About Kucher Law Group:
Kucher Law Group is a Brooklyn-based personal injury law firm dedicated to representing victims of negligence in premises liability cases, motor vehicle accidents, and medical malpractice matters. Led by attorneys Samantha Kucher, Michael Roitman, and Alex Rybakov, the firm represents injured clients throughout Brooklyn, Kings County, and across New York. For consultations, call (929) 563-6780.
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Email: contact@rrklawgroup.com
Website: https://www.rrklawgroup.com/
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Company Name: Kucher Law Group
Contact Person: Samantha Kucher
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Phone: (929) 563-6780
Address:463 Pulaski St #1c
City: Brooklyn
State: New York 11221
Country: United States
Website: https://www.rrklawgroup.com/
