When Is A Property Owner Liable?

Proving negligence on the part of a property owner is essential to winning your trip and fall case. If we can show that the owner knew or should have known about a hazard on their property, then they are liable for any accidents that occur because of it. To do this, a slip and fall accident lawyer in Brooklyn will look at factors such as whether other people have been injured in similar ways on the same property and how long ago the hazard was first present.

What's The Difference Between Slip And Fall Injuries vs Trip And Fall Injuries?

Though it may seem insignificant, classifying whether your fall was a slip-and-fall or trip and fall accident can have a considerable effect on your case. A slip and fall accident occurs when somebody falls over (usually backward) after walking on a slippery surface. On the other hand, a trip and fall accident is when someone trips on an object or obstacle that was not moved out of the way in time. The severity of your accident will affect who is at fault and how much you can claim for injuries. If you have been in either type of accident, speak to our Brooklyn slip and fall accident attorneys at Rosenberg & Rodriguez today. We’ll give you professional guidance so that you can take action, file your claim, and win compensation.

What Is The Average Settlement For A Slip & Fall Accident In Brooklyn?

If you're pursuing a Brooklyn slip and fall case, be aware that they can be difficult to win. This is because you must prove that the property owner either knew or should have known of the dangers. This requires investigating not just your accident, but also the property's history for similar accidents. If the property owner has been previously negligent or if other accidents like yours have occurred there, this will strengthen your personal injury claim significantly. How much money could you get from your slip and fall accident case? The amount of compensation you receive depends on various factors including: Insurance coverage of the business or property The type of injuries and/or damages you suffered How much your injuries will affect your overall quality of life and future Any lost time at work How much you contributed to your slip and fall accident The type of negligence that occurred As you can see, many things can affect how much a slip and fall accident is worth. The best way to determine your case value is by speaking with one of our experienced Brooklyn slip and fall accident lawyers at Rosenberg & Rodriguez.

Brooklyn Slip & Fall Accident Lawyers

Injured In An Accident?

Call Rosenberg & Rodriguez, PLLC

(866) 367-8257

Slip and Fall Lawyer Brooklyn, NY

If you have been injured in a slip and fall accident, our Brooklyn, NY slip and fall lawyer is here to help you. At Rosenberg & Rodriguez Personal Injury Lawyers, we’ve recovered a $330,000 slip and fall settlement, a $225,000 settlement for a woman who tripped on a raised sidewalk, a $220,000 settlement for a man struck by falling ceiling debris, and a $500,000 premises liability settlement. We’ve helped our clients recover millions of dollars from property owners and insurance companies that denied responsibility.

Why Choose Rosenberg & Rodriguez Personal Injury Lawyers for Slip and Fall Cases in Brooklyn, NY?

Proven Premises Liability Results

Slip and fall cases require proving that a property owner knew about a dangerous condition and failed to fix it. Insurance companies fight hard to avoid this liability. We know how to win these fights.

Our results in premises liability cases include:

• $500,000 premises liability settlement

• $330,000 slip and fall settlement

• $225,000 settlement for a woman who tripped on a raised sidewalk

• $220,000 settlement for a man struck by falling ceiling debris

• $875,000 settlement in a high-risk liability case

• $815,000 jury verdict

• $760,000 jury verdict

These outcomes come from thorough investigation, strong evidence gathering, and the willingness to take cases to trial. If you need a personal injury attorney in Brooklyn, NY, our track record demonstrates what we accomplish.

Laura Rosenberg: Super Lawyer Since 2019

Laura Rosenberg has been licensed in New York and New Jersey since 2001. Super Lawyers has recognized her every year from 2019 through 2026, an honor given to fewer than 5% of attorneys.

She is a member of the Brooklyn Women’s Bar Association, the New York State Bar Association, and the New York State Trial Lawyers Association. She also advises the Freeport High School Moot Court Team.

Ivan Rodriguez: 25 Years of Trial Experience

Ivan Rodriguez has practiced personal injury law in New York for 25 years. He has tried premises liability cases in both State and Federal Courts, winning verdicts when property owners and their insurers refused fair settlements.

He understands how to prove notice, establish negligence, and counter the blame-shifting tactics that insurance companies use in slip and fall cases.

We Investigate Thoroughly

Slip and fall cases are won or lost on evidence. We move quickly to preserve surveillance footage before it’s deleted. We obtain maintenance records and inspection logs. We photograph hazardous conditions and interview witnesses. We work with engineers and safety professionals when needed to prove property owners violated building codes or industry standards.

Contingency Fee Representation

You pay nothing upfront. We advance all costs and only collect a fee if we recover compensation for you. This puts experienced attorneys in your corner without adding financial stress during recovery.

What Our Clients Say

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“I slipped and fell in a store and hurt my back badly. The insurance company tried to blame me and offered almost nothing. Rosenberg & Rodriguez Personal Injury Lawyers took my case and proved the store knew about the wet floor. They got me a settlement that covered all my medical bills and more. I highly recommend them.” – AJ Leddy

Read more reviews on our Google Business Profile.

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

Dangerous conditions exist throughout Brooklyn. We handle all types of premises liability claims.

Wet floor accidents. Grocery stores, restaurants, and retail shops must clean spills promptly and post warning signs. When they fail, customers get hurt. We wrote about slip and fall hazards in NYC apartments and businesses.
Sidewalk injuries. Cracked, raised, or uneven sidewalks cause serious falls. Brooklyn property owners are responsible for maintaining sidewalks in front of their buildings under New York City law. We also wrote about top slip and fall hazards in NYC.
Stairway falls. Missing handrails, broken steps, inadequate lighting, and code violations make stairways dangerous. Falls down stairs cause severe injuries.
Snow and ice accidents. Property owners must clear snow and ice within a reasonable time after storms. Brooklyn’s harsh winters create constant slip hazards on sidewalks, parking lots, and building entrances.
Elevator and escalator injuries. Malfunctioning elevators and escalators in Brooklyn buildings cause falls and entrapment injuries.
Subway station falls. Wet platforms, broken tiles, and inadequate maintenance in Brooklyn subway stations cause injuries. Claims against the MTA require special procedures.
Construction site accidents. Debris, uneven surfaces, and inadequate barriers around Brooklyn construction sites create trip hazards for pedestrians.
Apartment building falls. Landlords must maintain common areas, stairwells, and lobbies. Broken lighting, loose carpeting, and damaged flooring cause tenant injuries. We wrote about understanding premises liability in NYC.
Parking lot and garage accidents. Poor lighting, potholes, oil slicks, and uneven pavement cause falls in Brooklyn parking facilities.

Each case requires proving the property owner knew or should have known about the dangerous condition.

New York Legal Requirements for Slip and Fall Cases

Property owners in New York have legal duties to keep their premises safe. Understanding these laws helps build strong slip and fall claims.

Property Owner Duties

Under New York law, property owners must maintain their premises in a reasonably safe condition. They must inspect regularly for hazards, repair dangerous conditions promptly, and warn visitors of known dangers they cannot immediately fix.

The duty owed depends on your status. Invited guests (customers, tenants, visitors) receive the highest protection. Property owners must actively look for and correct hazards. Even trespassers receive some protection from intentional harm.

Notice Requirements

To recover damages, you must prove the property owner had “notice” of the dangerous condition. Notice can be:

Actual notice: The owner knew about the hazard. Evidence might include prior complaints, incident reports, or employee knowledge.

Constructive notice: The hazard existed long enough that the owner should have discovered it through reasonable inspection. A puddle that sat for hours demonstrates constructive notice. A spill that occurred moments before your fall may not.

NYC Sidewalk Law

New York City Administrative Code Section 7-210 makes property owners responsible for maintaining sidewalks adjacent to their buildings. This includes residential buildings with four or more units and all commercial properties.

If you tripped on a broken sidewalk in Brooklyn, the adjacent property owner may be liable. The NYC Department of Transportation enforces sidewalk maintenance requirements.

Statute of Limitations

New York’s statute of limitations gives you three years to file a slip and fall lawsuit. However, claims against government entities require filing a notice of claim within 90 days.

For MTA claims (subway stations, buses), you must serve notice within 90 days and file suit within one year and 90 days.

Comparative Fault

New York follows pure comparative negligence rules. Insurance companies often argue that you should have seen the hazard or were distracted by your phone. Even if you share some fault, you can still recover damages reduced by your percentage of responsibility.

What Damages Can You Recover in a Brooklyn Slip and Fall Case?

Slip and fall accidents cause serious injuries. Compensation can be substantial when property owners fail their duties.

Economic Damages

These cover your measurable financial losses:

• Emergency room visits and hospitalization

• Surgery for fractures or joint injuries

• Ongoing physical therapy and rehabilitation

• Future medical treatment for permanent injuries

• Lost wages while you recover

• Reduced earning capacity if injuries affect your ability to work

• Home modifications if injuries cause disability

• Assistance with daily activities during recovery

According to the CDC injury data, falls are a leading cause of emergency department visits. The National Floor Safety Institute reports that slip and falls account for over one million hospital emergency room visits annually.

Non-Economic Damages

New York allows compensation for pain and suffering, including:

• Physical pain from injuries and medical treatment

• Emotional distress and anxiety

• Fear of falling again

• Loss of enjoyment of daily activities

• Permanent disability or disfigurement

• Loss of consortium affecting your relationship with your spouse

Slip and fall accidents commonly cause back injuries from impact with the ground. Neck injuries result from the sudden jerking motion. Brain injuries occur when victims strike their heads. Soft tissue injuries to wrists, shoulders, and hips are also common.

Punitive Damages

When property owners show reckless disregard for safety, such as ignoring repeated complaints about a dangerous condition, New York courts may award punitive damages.

Contact Rosenberg & Rodriguez Personal Injury Lawyers

If you were injured in a slip and fall accident in Brooklyn, our firm can help you hold the property owner accountable.

We offer free consultations to accident victims. We’ll review your case, explain your legal options, and answer your questions. No obligation. No pressure.

Our contingency fee arrangement means you pay nothing unless we win. We advance all costs and only collect a fee when you recover compensation.

With over 100 combined years of experience, our attorneys understand New York premises liability law. We know how to prove notice, counter blame-shifting tactics, and maximize recovery for slip and fall victims.