New York City Slip & Fall Lawyer
Slip and fall or trip and fall accidents in New York fall under premises liability law, which holds property owners, landlords, and businesses responsible for maintaining safe conditions on their premises.
Under New York law, property owners have a duty of care to keep their properties free of hazards, promptly address dangerous conditions, and warn visitors of any potential risks. To succeed in a slip and fall claim, an injured party must prove that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to fix it.
Michael S. Lamonsoff, Esq., known among his clients as "The Bull," is one of most tenacious and high-powered slip and fall lawyers in New York City. His aggressive, no-nonsense approach has earned him a reputation as a relentless advocate who takes on powerful insurance companies and wins.
With a proven track record of multi-million dollar settlements and verdicts in New York State, Mr. Lamonsoff has been recognized by his peers and inducted into the Board of Directors of the New York State Trial Lawyers Association. He prepares every case as if it were going to trial, a strategy that strikes fear into insurance companies and maximizes compensation for his clients.
Injured in a slip/trip and fall accident? Do not wait. Contact us immediately!
How Our New York Slip & Fall Lawyers Can Help
At the Law Offices of Michael S. Lamonsoff, PLLC, our New York slip and fall attorneys conduct thorough investigations, gather critical evidence, and consult top experts to build a strong case. We take on negligent property owners, landlords, and insurance companies, ensuring our clients are not pressured into unfair settlements. Every case is prepared for trial, sending a clear message that we are ready to fight for the justice and compensation our clients deserve.
- Comprehensive Investigation: We gather evidence, obtain surveillance footage, interview witnesses, and work with experts to prove negligence.
- Aggressive Negotiation: We challenge insurance companies that attempt to minimize or deny claims, securing the highest possible settlements.
- Trial-Ready Approach: We prepare every case as if it will go to trial, giving us a strategic advantage in settlement negotiations.
- Personalized Legal Support: We provide compassionate representation and keep clients informed every step of the way.
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Contact UsCommon Causes of Slip and Fall Accidents
Slip and fall accidents often result from hazardous conditions that property owners fail to address. These accidents can happen anywhere and are typically preventable with proper maintenance and safety measures.
- Wet or Slippery Floors: Spills, leaks, and recently mopped surfaces without warning signs.
- Uneven Sidewalks and Walkways: Cracks, potholes, and broken pavement create tripping hazards.
- Poor Lighting: Dimly lit hallways, staircases, and parking lots reduce visibility and increase fall risks.
- Loose Carpeting and Floor Mats: Torn rugs, frayed carpets, and unsecured mats can cause people to trip.
- Broken Staircases and Missing Handrails: Damaged steps and lack of handrails make staircases dangerous.
- Ice and Snow Accumulation: Failure to clear walkways after snowfall leads to slippery conditions.
Common Injuries from Slip and Fall Accidents
Slip and fall accidents can lead to serious injuries that have long-term consequences. Some injuries may require extensive medical treatment, rehabilitation, or even lifelong care.
- Fractures and Broken Bones: Falls frequently result in broken wrists, arms, hips, or ankles.
- Head Trauma and Concussions: A sudden fall can cause head injuries, including traumatic brain injuries.
- Spinal Cord Injuries: Damage to the spine can lead to paralysis or long-term mobility issues.
- Back and Neck Injuries: Slipped discs, herniated discs, and whiplash can cause chronic pain.
- Torn Ligaments and Sprains: Ankles, knees, and wrists are particularly vulnerable in falls.
Common Locations Where Slip and Falls Occur in New York
Slip and fall accidents can happen anywhere, but they are especially common in high-traffic areas and locations with poor maintenance.
- Supermarkets and Shopping Malls: Spilled liquids, scattered merchandise, and cluttered aisles create hazards.
- Apartment and Office Buildings: Poorly maintained staircases, elevators, and lobbies pose risks to tenants and employees.
- Restaurants and Bars: Spilled drinks, greasy floors, and dim lighting contribute to accidents.
- Subway Stations and Public Transportation Areas: Slippery platforms, broken escalators, and uneven flooring cause frequent falls.
- Parking Lots and Sidewalks: Potholes, ice, and uneven pavement can lead to dangerous falls.
- Hotels and Hospitals: Slippery bathtubs, loose carpeting, and cluttered hallways create hazardous conditions for guests and patients.
- Construction Sites: Unmarked hazards, debris, and unstable surfaces make these areas particularly dangerous.
Why “The Bull” is the Only Choice for Your Slip and Fall Injury Case
Michael S. Lamonsoff, Esq. is a fearless advocate who prepares every case for trial, ensuring that insurance companies know we won’t back down. His aggressive litigation style sets us apart as a top-rated New York slip and fall injury law firm.
- Litigation Powerhouse – With an aggressive and results-driven litigation style, Michael S. Lamonsoff has built one of the most formidable personal injury law firms in New York.
- Trial-Ready Approach – Unlike many firms that rush to settle, Mr. Lamonsoff prepares every case for trial, ensuring insurance companies take his clients’ claims seriously.
- Record-Breaking Settlements and Verdicts – Our relentless advocacy has led to some of the highest settlements and verdicts in New York State, with our half a billion dollars recovered for injured victims.
- Million Dollar Advocates Forum Membership – Due to his record of large financial recoveries, Mr. Lamonsoff is a distinguished member of the exclusive Million Dollar and Multi-Million Dollar Advocates Forum.
- Unmatched Client Satisfaction – Mr. Lamonsoff is one of the highest-rated attorneys on leading online lawyer review platforms, earning widespread recognition for his dedication to clients.
- Elite Legal Education – Mr. Lamonsoff earned his law degree from Benjamin N. Cardozo School of Law and holds double post-master’s degrees in psychology from Columbia University.
- Recognized Among the Best – Our firm is consistently featured in VerdictSearch’s Top New York Verdicts. Our honors include selection as Litigator of the Year by the American Institute of Trial Lawyers, recognition as one of the 10 Best Attorneys in New York City by the American Institute of Personal Injury Attorneys, and induction into 6X Super Lawyers Panel, highlighting our legal excellence and peer recognition.
Member of:
- Board of Directors of NY State Trial Lawyers Association
- American Association for Justice
- NY County Lawyers Association
Educated at:
- University of Arizona
- Benjamin N. Cordozo School of Law
- Double post-masters degrees in psychology at Columbia University
Awards:
- 6X Super Lawyers Panel
- Million Dollar and Multi Million Dollar Advocates Forum
Over $500 Million in Verdicts & Settlements for Our Clients
The Law Offices of Michael S. Lamonsoff employs an unrelenting approach to get our clients the justice they deserve. Our slip and fall accident lawyers in NYC have won exceptional awards for our clients who were victims of slip and fall or trip and fall accidents, here are some of the recent examples.
$5,000,000 Settlement awarded to a woman who tripped and fell, breaking her foot, which later required a partial amputation.
$1,700,000 Awarded to a worker performing extermination services who stepped and fell into a sewage drain hole covered with a flattened cardboard box.
$1,637,500 Verdict awarded in Westchester County to a client who slipped and fell on ice at a gas station.
$1,500,000 Settlement awarded to a client who fell down an open cellar hatch door at a store in the Bronx, sustaining injuries to her knee and neck.
$1,000,000 Settlement for a shop patron who fell through an open trap door in a store, sustaining neck injuries requiring surgery.
$1,000,000 Settlement awarded to a client who tripped over broken pavement in a crosswalk while crossing the street.
Establishing Liability in a Slip and Fall Case in New York
To recover compensation in a slip and fall case, the injured party must prove that the property owner or manager was negligent in maintaining safe premises. Liability is established by demonstrating that the responsible party failed to uphold their legal duty of care, leading to hazardous conditions that caused the accident.
Duty of Care Owed by Property Owners
Property owners, landlords, and business operators have a legal duty to keep their premises safe for visitors, tenants, and customers. This includes:
- Routine Maintenance: Regular inspections and repairs to address hazards such as broken flooring, poor lighting, or wet surfaces.
- Proper Signage: Posting warnings about temporary dangers like wet floors or ongoing construction.
- Snow and Ice Removal: Timely clearing of sidewalks, parking lots, and entryways after inclement weather.
- Safe Stairways and Walkways: Ensuring stairs have secure railings, proper lighting, and no loose carpeting or flooring.
Proving Negligence and Hazardous Conditions
To hold a property owner accountable for a slip and fall case, the injured party must demonstrate that a dangerous condition existed and that the owner either caused it or failed to fix it within a reasonable time. This involves proving:
- The hazardous condition posed an unreasonable risk to visitors.
- The property owner or manager was aware (or should have been aware) of the danger.
- No adequate warnings were provided, and no reasonable steps were taken to fix the hazard.
- The hazardous condition directly caused the slip and fall injury.
Proving Constructive Knowledge
Even if a property owner claims they were unaware of the dangerous condition, they can still be held liable in a slip and fall case under the principle of constructive knowledge. This means:
- The hazard existed for a long enough period that the owner should have discovered and addressed it.
- Employees or staff members failed to inspect or maintain the premises properly.
- A history of similar incidents on the property suggests the owner was aware of recurring dangers.
Constructive knowledge may be proven using photos and videos, surveillance footage, maintenance records, expert analysis, or witness testimony.
Evidence Needed to Build a Strong Case
A successful slip and fall claim requires compelling evidence to establish negligence and liability. Key evidence includes:
- Photos and Videos: Capturing the hazardous condition immediately after the accident.
- Incident Reports: Documentation filed with the property owner, manager, or business.
- Witness Testimony: Statements from people who saw the fall or were aware of the hazard.
- Medical Records: Proof of injuries and their connection to the accident.
- Surveillance Footage: Security camera recordings that show how the fall occurred.
- Maintenance Logs: Records showing whether the property was inspected or repaired.
- Accident Reconstruction: Expert opinions on how the slip and fall accident occurred.
Comparative Negligence and How It Affects Claims in NY
New York follows a pure comparative negligence rule, meaning an injured party can recover damages even if they were partially at fault for their accident. However, the compensation is reduced based on their percentage of fault.
For example:
- If a court finds that the injured party was 20% at fault (e.g., distracted while walking), their compensation will be reduced by 20%.
- If they were 50% at fault, they can still recover half of their damages.
- Even if they were 99% at fault, they may still receive 1% of the awarded damages.
Because property owners and insurance companies may try to shift blame onto the injured party, having an aggressive attorney on your side is pivotal to maximizing compensation.
Steps to Take After a Slip and Fall Accident in New York
Taking the right steps after a slip and fall accident is crucial for protecting your legal rights and strengthening your claim.
- Seek Medical Attention: Your health comes first. Even if injuries seem minor, see a doctor immediately to document your condition.
- Report the Incident: Notify the property owner, landlord, or store manager and request a written incident report.
- Document the Scene: Take photos and videos of the hazard, surrounding area, and any visible injuries.
- Get Witness Information: Collect names and contact details of anyone who saw the fall.
- Avoid Speaking to Insurance Companies: The property owner’s insurance may try to downplay your claim. Do not provide a recorded statement without legal counsel.
- Contact a Slip and Fall Attorney: An experienced lawyer can evaluate your case, gather evidence, and negotiate for the maximum compensation you deserve.
Compensation/Damages for Slip and Fall Victims
Victims of slip and fall accidents may be entitled to compensation for both economic and non-economic damages, including:
- Medical Expenses: Coverage for hospital bills, surgery, rehabilitation, medications, and future treatments.
- Lost Wages: Reimbursement for income lost due to missed work and any future earning capacity reduction.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Permanent Disability: Damages for long-term impairments or disabilities caused by the accident.
Punitive Damages: In rare cases, courts may award additional damages if the property owner's negligence was particularly reckless.
Frequently Asked Questions: New York Slip and Fall Accidents
What is the statute of limitations for a slip and fall case in New York?
Victims have three years from the date of the accident to file a personal injury lawsuit. If the slip and fall occurred on government property, in most claims, a notice of claim must be filed within 90 days, and the lawsuits must be filed within one year and 90 days.
Can I still file a claim if I was partially at fault for my fall?
Yes. Under New York’s pure comparative negligence law, you can recover damages even if you were partially responsible. Based on this, your compensation will be reduced by your percentage of fault.
What if the property owner argues they were unaware of the hazard?
You can still prove liability by demonstrating constructive knowledge—showing that the hazard existed long enough that the owner should have known about it and taken action to fix it. Evidence such as surveillance footage, maintenance records, and witness statements can help establish this.
Victims have three years from the date of the accident to file a personal injury lawsuit. If the slip and fall occurred on government property, in most claims, a notice of claim must be filed within 90 days, and the lawsuits must be filed within one year and 90 days.
Yes. Under New York’s pure comparative negligence law, you can recover damages even if you were partially responsible. Based on this, your compensation will be reduced by your percentage of fault.
You can still prove liability by demonstrating constructive knowledge—showing that the hazard existed long enough that the owner should have known about it and taken action to fix it. Evidence such as surveillance footage, maintenance records, and witness statements can help establish this.
Contact Us for a Free Consultation
If you’ve been injured in a slip and fall accident, you may be entitled to financial compensation. Reach out to the Law Offices of Michael S. Lamonsoff, PLLC today to know your legal options. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.