Slip and Fall Lawyers in Brooklyn, NY

A fall on a Brooklyn brownstone stoop, a cracked flag on Flatbush Avenue, or a wet aisle in a Bay Ridge supermarket can leave you with a broken wrist, a torn knee, or a head injury that keeps you out of work for months. The person or company that controlled that property may owe you for every one of those losses. Finding out who that is, and doing it fast enough, is where most Brooklyn fall cases are won or lost.

Mark E. Seitelman Law Offices has represented injured New Yorkers for more than 30 years. Our founder, Mark E. Seitelman, is a graduate of Brooklyn College and Brooklyn Law School, and he began his career as law assistant to an Acting Justice of the Supreme Court in Kings County. He then spent six years at a leading insurance defense firm. That means he has seen Brooklyn premises cases from the bench, from the insurer’s side of the table, and for more than three decades from the side of the injured person.

If you were hurt in a fall anywhere in the borough, from Greenpoint to Sheepshead Bay, we offer a free consultation. We handle these cases on a contingency fee basis, so you owe no legal fee unless we recover money for you. This page explains how Brooklyn personal injury claims involving falls work under New York law. For the citywide picture, see our NYC slip and fall lawyers page.

Where Brooklyn Slip and Fall Accidents Happen

Brooklyn has almost every kind of property New York has to offer, from century-old row houses to new towers and busy retail strips, and each one creates its own fall hazards. The cases we see most often come from a short list of settings.

• Brownstone and row house stoops. Worn stone treads, loose railings and missing nosings on the steep front steps of Park Slope, Bedford-Stuyvesant, Crown Heights and Carroll Gardens.
• Commercial sidewalks. Raised flags, broken curbs and steel cellar doors along Fulton Street, Flatbush Avenue, 86th Street, Kings Highway and Court Street, where heavy foot traffic and delivery carts wear concrete down quickly.
• Tree root heaves. Residential blocks in Flatbush, Midwood and Ditmas Park where street tree roots lift sidewalk flags into trip ledges.
• Apartment buildings. Lobby floors mopped without warning signs, dark stairwells, broken stair treads and icy entry steps in walk-ups and large rental buildings.
• Stores and restaurants. Spilled produce, leaking freezer cases and greasy kitchen floors in supermarkets, bodegas and the big-box stores near Atlantic Terminal and Kings Plaza.
• Transit. Subway stairs and platforms at busy stations like Atlantic Avenue-Barclays Center and Jay Street-MetroTech, plus bus stops with broken pavement.
• The Coney Island boardwalk. Loose or rotted boards, gaps and protruding nails on a boardwalk that the City operates through NYC Parks.

Each setting points to a different defendant and sometimes to a different deadline. A fall on a cellar door, for example, raises questions we cover in our guide to cellar door sidewalk injuries, while a fall caused by roots raises a separate set of questions about who maintains the tree and who maintains the pavement.

Injuries We See After Brooklyn Falls

A fall looks simple, but the body takes the impact in awkward ways. People instinctively reach out to stop themselves, twist as they go down, or strike their head on concrete or a step edge. The injuries that follow are often more serious than people expect in the first hours after the accident.

The injuries that most often bring Brooklyn clients to us include:

• Wrist, elbow and shoulder fractures from breaking the fall with an outstretched arm
• Hip fractures, especially in older adults, which frequently require surgery
• Torn knee ligaments and meniscus tears from a twisting fall on stairs or uneven pavement
• Ankle fractures and severe sprains after stepping into a sidewalk depression
• Herniated discs in the neck or lower back
• Concussions and traumatic brain injuries from striking the head
• Facial fractures and dental injuries from falling forward

See a doctor the same day if you can, even if you think you are only bruised. A prompt emergency room or urgent care record ties the injury to the fall. A gap of several weeks gives the insurance company an argument that something else caused your pain.

Who Is Responsible for a Fall in Brooklyn?

New York does not make a property owner pay for every fall. You generally need to show that a dangerous condition existed, that the defendant created it or knew or should have known about it, and that the defendant failed to fix it or warn you in a reasonable time. Who the defendant is depends on where you fell.

Sidewalks in Front of Commercial and Large Residential Buildings

Section 7-210 of the New York City Administrative Code places the duty to keep the sidewalk reasonably safe on the owner of the property next to it. As NYC DOT explains, property owners are potentially liable for injuries caused by their failure to maintain the sidewalk free of defects. The code covers the negligent failure to repair or replace defective flags and the negligent failure to remove snow, ice and dirt. On a commercial corridor like Fulton Street or 86th Street, that usually means the building owner, and sometimes a commercial tenant whose lease shifted the duty.

Sidewalks in Front of Owner-Occupied One-, Two- and Three-Family Homes

Much of Brooklyn’s housing is brownstones, row houses and small multi-family homes. Section 7-210 does not apply to a one-, two- or three-family home that is at least partly owner occupied and used only as a residence. For those sidewalks, responsibility generally stays with the City of New York, which brings in the notice of claim rules and the prior written notice rules explained below. Whether a house qualifies is a factual question we check through property records, because a ground floor storefront or an absentee owner can change the answer.

Apartment Buildings, Stores and Other Private Property

Inside a building, the owner and often the manager or tenant business owe visitors reasonable care. Under New York’s Multiple Dwelling Law, every multiple dwelling and every part of it must be kept in good repair, which matters when a broken stair or loose handrail in a Brooklyn walk-up causes a fall.

City, NYCHA and Transit Property

Falls on City streets and sidewalks, in public schools, in NYC Parks property such as the boardwalk, in NYCHA developments, and in the subway system involve government defendants. Each has special notice requirements and shorter filing deadlines. Falls in the subway raise additional issues that we cover in our article on MTA transit falls.

Deadlines That Apply to Brooklyn Slip and Fall Claims

The deadline that applies to your case depends entirely on who owns or controls the place you fell. Missing a government deadline can end a strong case before it starts, so this is the first thing we determine.

For private defendants, CPLR 214 sets a three-year limit for personal injury actions. For the City, General Municipal Law 50-e requires a sworn notice of claim within 90 days after the claim arises, and General Municipal Law 50-i requires the lawsuit itself within one year and 90 days. The Public Housing Law and the Public Authorities Law apply the same notice framework and the same one year and 90 day window to NYCHA and NYC Transit.

City claims are filed with the Comptroller, and the Comptroller’s claims office accepts them electronically, by personal delivery, or by certified mail. A court can allow a late notice in some circumstances, but that request is discretionary and cannot extend past the deadline to sue. We do not recommend relying on it.

The Prior Written Notice Rule for City Sidewalks

Even a timely claim against the City faces a second hurdle. Under Section 7-201(c)(2) of the Administrative Code, the City generally cannot be held liable for a defective sidewalk, street or crosswalk unless written notice of that specific condition was given to the Department of Transportation and the City failed to repair it within 15 days.

In practice, that written notice usually comes from maps of street and sidewalk defects filed with the City, earlier complaints, or prior repair records. Proving notice means finding those records and matching the marked defect to the exact spot where you fell. That is detailed work, and it is one reason we start on Brooklyn City cases immediately.

The Court of Appeals recognized two exceptions in Yarborough v City of New York (2008): where the City created the defect through an affirmative act of negligence, and where a special use of the property gave the City a special benefit. The affirmative negligence exception is narrow and covers City work that immediately results in a dangerous condition. Whether an exception applies depends on the history of that piece of pavement, which we investigate through City records and repair permits.

What to Do After a Fall in Brooklyn

The steps you take in the first few days protect both your health and your claim.

1. Get medical care right away and describe exactly how you fell to the treating provider.
2. Report the fall to the store manager, building superintendent or property manager, and ask for a copy of any incident report.
3. Photograph the hazard from several distances with something for scale, such as a shoe, before anyone repairs it.
4. Collect names and phone numbers of anyone who saw the fall or the condition beforehand.
5. Keep the shoes and clothing you wore, unwashed, in a bag.
6. Note any security cameras nearby, since many businesses overwrite footage within days.
7. Do not give a recorded statement to an insurance adjuster before speaking with a lawyer.

Our article on what evidence is needed for a slip and fall case goes deeper into each of these items.

How Insurers Defend Brooklyn Fall Claims

Mark Seitelman spent six years defending insurance companies before he started representing injured people. He knows the arguments adjusters and defense lawyers make, because he used to make them.

The most common defenses we see in Brooklyn fall cases are:

• Trivial defect. The claim that a height difference in the sidewalk was too small to be actionable. In Hutchinson v Sheridan Hill House Corp. (2015), the Court of Appeals held that there is no minimum height and that courts must weigh the surrounding circumstances, so even a small defect can be actionable when its shape or setting makes it more dangerous.
• No notice. The argument that the owner had no time to discover a spill or a broken step. Cleaning logs, prior complaints and video often answer it.
• Open and obvious. The claim that you should have seen the hazard. A visible hazard may affect how fault is divided, but it does not by itself excuse an owner who failed to keep the property reasonably safe.
• Storm in progress. In winter, the argument that no one had to clear ice while snow was still falling.
• Wrong defendant. Owners point at tenants, tenants point at managers, and private parties point at the City. Naming everyone who may be responsible protects you while the facts are sorted out.

We address each of these defenses early, through prompt investigation and evidence preservation, rather than waiting for the defense to raise them in litigation.

When You Are Partly at Fault

New York follows pure comparative fault. Under CPLR 1411, your own carelessness does not bar recovery. Instead, your damages are reduced in proportion to your share of fault. If a jury finds a store 75 percent responsible for a fall on a wet floor and you 25 percent responsible because you were looking at your phone, you recover 75 percent of your damages.

Another rule matters when more than one party is responsible. Under CPLR 1601, a defendant found 50 percent or less at fault generally pays only its share of non-economic damages such as pain and suffering, while that limit does not apply to economic losses such as medical bills and lost wages. That is why identifying every responsible party, including building owners, managers and contractors, can affect what you actually collect.

Compensation Available After a Brooklyn Slip and Fall

A successful premises claim can include both economic and non-economic damages.

• Medical expenses, past and future, including surgery, physical therapy and home care
• Lost wages and lost earning capacity if the injury keeps you from working or limits the work you can do
• Pain and suffering, including physical pain, emotional distress and loss of enjoyment of life
• Out-of-pocket costs such as transportation to treatment and household help
• Loss of consortium for a spouse whose relationship is affected by the injury

There is no formula that sets the value of a fall case. Value depends on the injury, the treatment, the effect on your work and daily life, and the strength of the liability proof. We give clients an honest assessment once the medical picture is clear, rather than a number designed to win the case.

How a Brooklyn Fall Case Moves Through the Courts

Many fall claims settle, but the ones that do not are litigated in Brooklyn. Under CPLR 503, a case can be venued in the county where a substantial part of the events occurred, so a Brooklyn fall is usually filed in the Supreme Court, Kings County, Civil Term, at 360 Adams Street in Downtown Brooklyn. Smaller claims of up to $50,000 can be heard in the Civil Court of the City of New York.

A typical case follows these stages:

1. Investigation, evidence preservation and, for government defendants, the notice of claim.
2. For City claims, a 50-h hearing, which is a sworn examination the City may demand before you can sue.
3. Filing the summons and complaint, followed by the defendants’ answers.
4. Discovery, including document exchanges, depositions and a defense medical examination.
5. Settlement discussions or mediation once both sides understand the injuries.
6. Trial before a Kings County jury if a fair settlement is not offered.

Mark Seitelman began his legal career in that same Kings County Supreme Court, observing personal injury trials and learning civil procedure from inside the courthouse.

Why Brooklyn Families Choose Mark E. Seitelman Law Offices

We are a personal injury firm with more than 30 years of service to Brooklyn clients. Our team has over 100 years of combined experience and has served more than 13,000 clients, and about 95 percent of our clients come to us through word-of-mouth referrals.

• Hands-on attention from our founder. Mark Seitelman reviews each potential case and meets with each client at the start.
• Insurance defense insight. Six years on the defense side shapes how we prepare every claim.
• Recognized standing. He holds a Martindale-Hubbell AV Preeminent rating of 5.0 out of 5 and is a lifetime member of the Million Dollar Advocates Forum.
• Leadership in the trial bar. He has served on the Board of Directors of the New York State Trial Lawyers Association and lectures to other trial lawyers.
• Brooklyn’s languages. Our attorneys and staff speak Spanish, Russian, Ukrainian, French, Creole, Albanian, Gujarati and Hindi.

Frequently Asked Questions

Can I sue if I fell in front of a Brooklyn brownstone?

It depends on how the building is used. If it is a one-, two- or three-family home that is owner occupied and used only as a residence, the claim is generally against the City, with a 90-day notice deadline. If the owner rents out every unit or the building has a store, the owner is usually responsible under Section 7-210.

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

Against a private owner or business, three years from the fall. Against the City, NYCHA or NYC Transit, you must serve a notice of claim within 90 days and sue within one year and 90 days.

What if the store says I should have watched where I was going?

That is a comparative fault argument. Under New York law it can reduce your recovery, but it does not bar it.

Do I need a police report?

Not usually. An incident report from the business or building, photographs, witness information and medical records are more important in most fall cases.

Will my case go to trial?

Most fall cases settle, but we prepare every case as if it will be tried in Kings County Supreme Court. That preparation is often what produces a fair offer.

What does it cost to hire your firm?

The consultation is free. We work on a contingency fee, so there is no legal fee unless we recover money for you. Case expenses are advanced by our firm and reimbursed from the recovery.

Talk With a Brooklyn Slip and Fall Lawyer About Your Fall

The sooner we know about your fall, the more evidence we can preserve and the more deadline options remain open, especially if the City, NYCHA or the transit system may be involved. Mark E. Seitelman Law Offices offers a free, no-obligation consultation to people injured in falls anywhere in Brooklyn. Reach out to our team to tell us what happened, and we will explain your options plainly.