Slip, Trip & Fall CaseS - bronx lawyer

Slip and fall injuries according to the Centers for Disease Control and Prevention, National Center for Injury Prevention and Control, account for approximately 3 million older people being treated in hospital emergency departments.  Slip and fall injuries account for the hospitalization of over 800,000 people who primarily injure their head or hips. Hip injuries, usually from sidewalks slip and falls cause over 300,000 older American to visit the hospital each year. The most common cause of traumatic brain injuries is from falls.

Experienced Bronx slip and fall attorney Bryan J. Hutchinson handle a wide range of landlord liability cases, including but not limited to:

  • Slip, Trip & Fall Cases
  • Snow & Ice Accidents
  • Inadequate Maintenance of the Premises
  • Defective Conditions on the Premises
  • Inadequate Building Security Leading to Injury or Assault
  • Elevator & Escalator Accidents
  • Fires

How to Prove Liability in a Premises Liability Case?

New York Multiple Dwelling Law § 78, provides that every multiple dwelling “shall be kept in good repair” and that “[t]he owner shall be responsible for compliance” with that obligation.  See Multiple Dwelling Law § 78(1).  A person or entity “in control” of property has a duty, under New York law:

“to use reasonable care to keep the premises in a reasonably safe condition for the protection of all

persons whose presence is reasonably foreseeable.”

See PJI 2:90

In the landmark case of Basso v Miller, 40 NY2d 233 (1976), the New York Court of Appeals held that New York landowners owe a duty to maintain their property in a reasonable safe condition under all circumstance to all entrants upon their property. See Basso v Miller, 40 NY2d 233 (1976); Scurti v City of New York, 40 NY2d 433 (1976).

Although New York landlords have a common-law duty to minimize foreseeable dangers on their property, including the criminal acts of third parties, they are not the insurers of a visitor's safety.  See Burgos v Aqueduct Realty Corp.,92 NY2d 544, 548 (1998); Jacqueline S. v City of New York,81 NY2d 288(1980), rearg denied 82 NY2d 749 (1993); Nallan v Helmsley-Spear, Inc., 50 NY2d 507 (1980).

The standard of reasonable care considers the likelihood of injury to others, the seriousness of injuries, the burden of avoiding the risks, and the foreseeability of persons upon the property. See Basso, 40 NY2d 233; Scurti, 354 NE2d 794.

Our New York slip and fall lawyer will investigate your claim and apply the applicable laws, statutes, rules and building codes to prove that the dangerous or defective conditions was a proximate cause of your injury.

Creation of a Dangerous or Defective Condition, Constructive or Actual Notice of Condition

Our Bronx slip and fall lawyer will investigate your claim and apply the applicable laws, statutes, rules and building codes to prove that the property owner breached its duty of reasonable care in the maintenance of its property resulting in your injury.  A New York landlord may be liable for your slip and fall injury under one of the three following conditions:

First, New York slip and fall liability may be imposed if the landlord created the dangerous or defective condition. The affirmative creation of a dangerous or defective condition places the landlord on self-notice of the condition.

Second, New York slip and fall liability may be found if the landlord has actual notice either orally or in writing from some source of the dangerous or defective condition. Upon receipt of actual notice the landlord is duty bound to remedy the condition to prevent injury to persons reasonably foreseeable to be on the property. A New York landlord's failure to correct a defective or dangerous condition within a reasonable time, despite prior written or oral actual notice of it, allows for the establishment of liability for breach of the owner’s duty of care.

Third, slip and fall liability may be imposed if an owner has constructive notice of a dangerous or defective premises condition existing for a long enough period that the property owner, through the exercise of reasonable care, should have become aware of the condition and taken steps to remedy it.

New York slip and fall lawyer Bryan J. Hutchinson will investigate the facts, identify the liable parties, navigate that rules and standards applicable to your case.  Call Bronx slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 for a free case evaluation.

 

Frequently Asked Questions Regarding Slip, Trip and Fall Liability

When is a property owner liable for my injury in a New York premises liability case?

Property Owner’s Duty of Care to Maintain Property

New York slip and fall accident cases are one of the most common type of premises liability case in the Bronx, Queens, Brooklyn, Manhattan and Staten Island. New York landlords have a duty to maintain their property in a reasonably safe condition for the protection of all persons whose presence is reasonably foreseeable. See Basso v Miller, 40 NY2d 233, 241 (1976); Branham v Loews Orpheum Cinemas, Inc., 31 AD3d 319, 322 (2006), affd 8 NY3d 931 (2007); See also New York Pattern Jury Instruction § 2:90.  To recover damages for a New York landlord’s alleged breach of this duty, you must first demonstrate that the landlord created or had actual or constructive notice of the hazardous condition which caused you injury. See Beck v J.J.A. Holding Corp., 12 AD3d 238, 240 (2004), lv denied, 4 NY3d 705 (2005).  You must also show that the landlord’s negligence was a proximate cause of the injuries.  To do so, the negligence must be a substantial cause of the events which produced the injury. See Derdiarian v Felix Contr. Corp., 51 NY2d 308, 315 (1980).

Creation of The Dangerous or Unsafe Condition

A New York landlord may be liable for your injury if the owner created the condition that caused your injuries.  For example, if the owner created a slippery condition by the application of a cleaner, polish, or wax. You must prove that the cleaner, wax or polish was negligently applied to the surface.

Actual Notice

A New York landlord’s failure to correct a condition within a reasonable time, despite prior written or oral actual notice of it, allows for the establishment of liability for breach of the owner’s duty of care.

Constructive Notice

New York slip and fall liability may also be imposed if the property owner was on constructive notice of the condition. A property owner has constructive notice if a dangerous or defective premises condition existed for a long enough period that the property owner, through the exercise of reasonable care, should have become aware of the condition and taken steps to remedy it.

NEW YORK Municipality Prior Written Notice Requirement

New York slip and fall victims must prove that the City of New York had prior written notice that was delivered to the municipality’s clerk or highway superintendent for it to be held liable for negligence arising from slip and fall accident, personal injury, wrongful death because of a dangerous or defective condition on a sidewalk, highway, bridges, or culverts.  See NY High. Law § 139(2) (McKinney 2014); NY Town Law § 65-a(1)–(2) (McKinney 2013); NY Village Law § 6-628 (McKinney 2011); NY Second Class Cities Law § 244 (McKinney 1994).

New York slip and fall liability may be imposed upon the City of New York if it affirmatively created the dangerous or defective condition. See Kiernan v Thompson, 534 NE2d 39, 40 (NY 1988); Wald v City of New York, 982 NYS2d 534, 535 (App. Div. 2014).

New York City may be liable if the slip and fall negligence results from a municipal “special use” of the highway, bridge, culvert, or sidewalk. See Amabile v City of Buffalo, 715 NE2d 104, 105-06 (NY 1999); Adamson v City of New York, 961 NYS2d 402, 402-03 (App. Div. 2013); Bradley v City of New York, 832 NYS2d 257, 259 (App. Div. 2007).

Exceptions to Municipality Prior Written Notice Requirement

Bronx slip and fall lawyer Bryan J. Hutchinson will investigate to determine if any of the two exceptions to the prior written notice requirements exist that causes municipalities such as New York City to be liable in the absence of prior written notice for a slip and fall accident: first, where the municipality affirmatively “creates” a condition (including snow and ice hazards); and second, where the municipality derives a “special use” from the area where the condition arises. Bryan J. Hutchinson will investigate if New York City’s peculiar use of an area causes a dangerous or defective condition, or if it affirmatively created a dangerous or defective condition, then prove that it is on self-notice of the need to undertake remedial measures, and the need for written notice is not required for liability.

FREE CONSULTATION
New York slip and fall lawyer Bryan J. Hutchinson will investigate your claim, gather evidence and prosecute your claim to get the money you deserve. Call Bronx slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 to get the justice you deserve.

Who is responsible for the injuries I suffer in a New York City sidewalk slip and fall case?

New York City slip and fall injuries on sidewalks are governed by Section 7-210(b) of the New York City Administrative Code. Section 7–210(b) of the New York City Administrative Code provides that in the Bronx, Brooklyn, Queens, Manhattan and Staten Island “the owner of real property abutting any sidewalk … shall be liable for any injury to property or personal injury … proximately caused by the failure of such owner to maintain such sidewalk in a reasonably safe condition.”  See  NYC Admin. Code § 7-210; Sangaray v West River Associates, LLC, 26 NY3d 793 (2016).

New York slip and fall liability requires proof of a dangerous condition and the landlord’s actual or constructive knowledge of that condition prior to the fall.  In addition, liability for the defective condition is based upon ownership, occupancy, control or “special use” of the property. 

New York slip and fall liability on a sidewalk in the Bronx, Queens, Brooklyn, Manhattan makes a distinction between owner occupied residential properties and commercial properties. Generally, New York City is responsible for injuries occurring on public sidewalks in the Bronx, Brooklyn, Queens, Manhattan or Staten Island.  However, in 2003 the New York City Administrative Code § 7-210, shifts liability to adjacent property owners for sidewalks.  Furthermore, this administrative code provision does not apply to one, two or three family residential property in the Bronx, Queens, Brooklyn, Manhattan or Staten Island that is at least partially owner occupied and used exclusively for residential purposes.

New York slip and fall lawyer Bryan J. Hutchinson will investigate the facts, identify the liable parties, navigate that rules and standards applicable to your case. Our New York slip and fall lawyer is experienced in recovering damages for clients injured on New York City sidewalks. Call Bronx slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 for a free case evaluation.

Is there a minimum height that a New York City sidewalk defect must be in order for you to recover in a trip and fall case?

Trip and falls on a sidewalk in the Bronx, Brooklyn, Queens, Manhattan or Staten Island does not have a minimum height requirement to recover for a landlord’s carelessness. In the case of Trincere v County of Suffolk, 90 NY2d 976 (1997), the New York Court of Appeals held:

“There is no rule that municipal liability in a case involving minor defects in the pavement “turns upon whether the hole or depression, causing the pedestrian to fall, is four inches — or any other number of inches in depth . . . Instead, whether a dangerous or defective condition exists on the property of another so as to create liability ‘depends on the peculiar facts and circumstances of each case’ and is generally a question for the jury.” . . . Of course, in some instances, the trivial nature of the defect may loom larger than another element.  Not every injury allegedly caused by an elevator brick or slab need be submitted to a jury . . . However, a mechanistic disposition of a case based exclusively on the dimension of the sidewalk defect is unacceptable.  After examination of the facts presented, including the width, depth, elevation, irregularity and appearance of the defect, along with the “time, place and circumstance” of the injury . . ., the Court correctly concluded that no issue of fact was presented (90 NY2d at 977-78, citations omitted).

New York trip and fall liability turns on several factors, including but not limited to:

  • Was it day or night time?
  • Were you running or walking?
  • Was there snow or ice on the ground?
  • Are there any photographs or video surveillance of the area?
  • Are there any witnesses?
  • Were you talking on the telephone or texting?

FREE CONSULTATION
New York slip and fall lawyer Bryan J. Hutchinson will investigate the facts, identify the liable parties, navigate that rules and standards applicable to your case. Our New York slip and fall lawyer is experienced in recovering damages for clients injured on New York City sidewalks. Call Bronx slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 for a free case evaluation.

How much time do I have to file suit after a New York City slip and fall accident?

New York slip and fall cases or other premises liability cases are governed by a three year statute of limitation from the date of the incident.  However, if the slip and fall sidewalk incident occur in either the Bronx, Brooklyn, Manhattan, Queens, or Staten Island and involves New York City or one of its agencies or departments, you must give it notice in writing.  The New York City requires that you notify it of an injury or other claim within 90 days of the occurrence.  Bronx injury lawyer Bryan J. Hutchinson will file your notice of claim against the City of New York and start your lawsuit within 1 year and 90 days for the date of the incident to get the compensation you deserve.

New York slip and fall lawyer Bryan J. Hutchinson will investigate the facts, identify the liable parties, navigate that rules and standards applicable to your case. Our New York slip and fall lawyer is experienced in recovering damages for clients injured on New York City sidewalks. Call Bronx slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 for a free case evaluation.

Is your New York landlord liable for your injuries caused by the criminal acts of a third party?

New York landlords may have a duty to protect tenants and patrons from the criminal conduct of others present on their premises.  The New York Court of Appeals held in part that:

“Landowners, for example, have a duty to protect tenants, patrons, and invitees from foreseeable harm caused by the criminal conduct of others while they are on the premises because the special relationship puts them in the best position to protect against the risk. That duty, however, does not extend to members of the general public.  Liability is in this way circumscribed because the special relationship defines the class of potential plaintiffs to whom the duty is owed.”  See 532 Madison Avenue Gourmet Foods, Inc. v Finlandia Ctr., Inc., 96 NY2d 280 (2001).

A New York landlord may be liable for injuries caused by criminals if it ignores complaints from tenants about inadequate lighting, faulty locks or inadequate security in your building.

New York premises liability lawyer Bryan J. Hutchinson will investigate the facts, identify the liable parties, navigate that rules and standards applicable to your case. Our New York slip and fall lawyer is experienced in recovering damages for clients injured by careless landlords. Call Bronx slip and fall lawyer Bryan J. Hutchinson at (718) 671-0900 for a free case evaluation.

What is a substantial sidewalk defect making a careless landlord responsible for my New York slip and fall injury?

New York slip and fall liability on a New York City sidewalk must be the result of a substantial defect as defined by section 19-152 of New York’s Administrative Code. Under section 19-152 New York City property owners must install, reinstall, construct, reconstruct, repave or repair any sidewalk flags which contain a substantial defect, such as:

  1. where one or more sidewalk flags is missing or where the sidewalk was never built;
  2. one or more sidewalk flag(s) are cracked to such an extent that one or more pieces of the flag(s) may be loosened or readily removed;
  3. an undermined sidewalk flag below which there is a visible void or a loose sidewalk flag that rocks or seesaws;
  4. a trip hazard, where the vertical grade differential between adjacent sidewalk flags is greater than or equal to one half inch or where a sidewalk flag contains one or more surface defects of one inch or greater in all horizontal directions and is one half inch or more in depth;
  5. improper slope that does not drain toward the curb and retains water;
  6. hardware defects which shall mean hardware or other appurtenances not flush within 1/2″ of the sidewalk surface or cellar doors that deflect greater than one inch when walked on, are not skid resistant or are otherwise in a dangerous or unsafe condition;
  7. a defect involving structural integrity such as a crack; or
  8. non-compliance with DOT specifications for sidewalk construction.

Free Legal Consultation

Bronx slip and fall lawyer Bryan J. Hutchinson will investigate the facts and apply the law, rules and safety standards to compensate you for your injuries caused by careless landlords damaged, broken, defective, dangerous or hazardous sidewalk in the Bronx, Queens, Brooklyn or Manhattan. Call our injury line at (718) 671-0900 for a free confidential consultation.

Free Legal Consultation

Bronx slip and fall lawyer Bryan J. Hutchinson will recover money damages for your injury caused by a dangerous or defective sidewalk, staircase, ceiling collapse, elevator defect, and other landlord careless conduct.  Call now at  (718) 671-0900 for a free confidential consultation.