New York Slip and Fall Lawyer

Trusted SLIP AND FALL ATTORNEY IN NEW YORK

At the Law Office of Brett J. Nomberg, PLLC, you will have on your side an experienced New York slip and fall lawyer who has been successfully helping injured victims for over 30 years. At the Law Office of Brett J. Nomberg, PLLC, we treat clients like family. Right from the start, you will feel at ease working with a caring and compassionate slip, trip, and fall lawyer who is on your side. Check out our five-star Google reviews by actual former clients.

Our Reviews

Our 5-star Google rating is a testament to our hard work and commitment to client satisfaction. At the Law Office of Brett J. Nomberg, PLLC, clients can easily reach their lawyer to ask questions about the case at any time. Our compassion and aggressiveness in court are why we continue to obtain settlement awards for our clients.

If you or a loved one was injured from a slip, trip, or falls, call us for a free consultation to speak with a top rated New York slip, trip, and falls lawyers.

*Client testimonials reflect individual experiences and do not guarantee a similar outcome.

OUR VICTORIES IN COURT

Mr. Nomberg has taken to verdict or settled each of the cases below, which represent only a handful of our successes.

• $1.7 million settlement. For a woman who tripped walking into a mis-leveled elevator.
• $1.4 million settlement. For a woman who slipped on a patch of ice in front of her apartment door.
• $3.2 million verdict. A Queens construction worker fell 12 feet off a ladder. 
• $950,000 settlement. After jury selection for an oil service mechanic who fell down the stairs in an apartment building.
• $375,000 settlement. After a verdict against a landlord who failed to properly illuminate the hallway, causing a woman to fall.
• $350,000 settlement. Against a store owner who failed to properly maintain the stairway, which caused the plaintiff to fall.

**Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

SLIP TRIP AND FALL ACCIDENT ON STAIRS

Stairs can be very dangerous and can result in serious injuries if not properly constructed and maintained. Walking down a set of stairs while on another person’s property should not require special abilities or acrobatics. Stairs are required to be maintained in a reasonably safe condition and the failure to do so is negligence. Negligence is the failure to use reasonable care.

One common problem with stairs is the failure to construct and maintain the treads and risers with uniform width and height. When hiking, people understand that rocks will not be equal in height or placement. However, stair riser heights are expected to be uniform. For example, if the first three steps were four inches in height and the last step was five inches in height, this would be unexpected while walking down and could cause a person to lose their balance and fall.  The NYC Building Codes have specific requirements for risers to be uniform throughout.

Another problem often associated with stair accidents involves the lack of a handrail. Slip and fall accident lawyers understand that there are Building Codes and industry standards that dictate when a handrail is necessary. Building Codes, however, only provide the minimum requirements for safety, and a handrail may be required regardless of whether the Building Code does not require a handrail for a particular stairway.

Other Factors

Lack of lighting is also a factor in causing a slip, trip, and fall accident. A stairway must have adequate lighting to see where you are stepping. There are devices that can test the amount of illumination in a hallway if inadequate lighting is suspected. A lack of treads on the stairs may also be a cause of an accident. If a stair is known to repeatedly get wet and the surface of the stair is slick, then treads may be required to help prevent a slipping hazard.

Every stairway needs to be evaluated separately to determine if it is unsafe, and the most helpful evidence is taking photographs of the stairwell from all different angles and viewpoints. It is important to preserve the evidence as soon as possible after an accident, and before the stairs are repaired.  

A professional engineer can be hired to promptly inspect the stairway which is why it is important to immediately contact a New York accident attorney. Measurements will be taken with opinions provided about the safety of the stairway. If you or someone you know slipped and fell on a stairway, call the Law Office of Brett J. Nomberg, PLLC, slip and fall accident lawyer, for a free consultation.

SLIP TRIP AND FALL ACCIDENT IN SUPERMARKET

Grocery shopping is a part of life, but no one expects to fall while in the supermarket because of a dangerous condition. If a person while grocery shopping has a slip trip and fall accident, the owner of the supermarket, as well as any maintenance company they hire, may be responsible for the resulting injuries.

The Law Office of Brett J. Nomberg, PLLC, slip and fall accident lawyer in New York, will protect the rights of accident victims. A supermarket, by law, must maintain both the inside and outside property they own and manage in a reasonably safe condition.

However, before the owner can be held responsible, the law requires that the owner did one of the following: 1) created the dangerous condition, or 2) knew about the dangerous condition (actual notice) but failed to correct it within a reasonable time, or 3) should have known about the dangerous condition (constructive notice) but failed to correct it within a reasonable time.

An Example

For example, if a person slips and falls on a puddle of soap detergent spilled onto the tile floor of the supermarket, the soap detergent on the tile floor is arguably a dangerous condition. If a manager at the store was told about the dangerous condition, then that would be actual notice.

However, if the accident had happened just 10 seconds after the manager was told about the substance on the floor, it would be difficult to prove that the manager had a reasonable amount of time to correct the dangerous condition. Without all the elements satisfied, it would be a case that a judge under the law could ultimately dismiss.

On the other hand, if the manager was told about the spill and 5 minutes went by without anyone putting up a warning sign or cleaning up the condition, then that scenario could present sufficient proof for a jury to find the defendant was at fault for the accident.

Continued

If the manager was never told about the spill by anyone, but there was evidence that the spill was on the floor for over half an hour and no one cleaned it or put any warning signs, that may be sufficient evidence to establish constructive notice. The manager should have known about the spill in the course of doing business.

As for another example, if the supermarket manager was unaware of a spill in aisle 10, but knew that there were prior spills in that aisle over the past three weeks, then this may satisfy constructive notice. This theory is called “a recurring condition” and is recognized by the New York courts as a basis to prove constructive notice.

Every case is very fact-dependent, and by speaking with the Law Office of Brett J. Nomberg, PLLC, New York slip and fall accident lawyer, we can help determine whether there is sufficient evidence to present a case and commence a personal injury claim.

SLIP TRIP AND FALL ACCIDENT ON SIDEWALK/WALKWAY

Sidewalks and walkways must be maintained in a reasonably safe condition. The question of whether the sidewalk or walkway is reasonably safe is usually for the jury to decide. However, trivial defects such as a very small crack may not be sufficient to cause a property owner to be legally responsible. A judge can dismiss a case if the court finds the defect is too trivial. 

Contact the Law Office of Brett J. Nomberg, PLLC, slip and fall accident lawyer, so we can discuss your accident and see if we can help you. Photographs of the walkway should be obtained to evidence the dangerous nature of the sidewalk or walkway. Taking photographs with a ruler can also be helpful to show how deep and wide a crack or hole is within a walkway or sidewalk.

What You Need to Do

In addition to showing the sidewalk or walkway was unsafe, it must also be demonstrated that the owner either created the dangerous condition, knew about the dangerous condition, or should have known about the dangerous condition.

The legal terms are actual notice, constructive notice, or cause and create. The owner must correct the dangerous conditions within a reasonable time once he or she knows or should have known about the condition.

If the owner hired an independent contractor to install a walkway and the following week the walkway broke up, the property owner may be responsible for creating the dangerous condition. A property owner has a nondelegable duty to maintain the property in a reasonable condition, regardless of who is hired to perform the work.

If the property owner was told about a large hole in his walkway but failed to have it repaired after a week, that may satisfy the notice requirements causing the owner to be legally responsible for an accident.

Apartment Slip and Fall

A Queens woman slipped and fell on ice located on the walkway in front of her basement apartment entrance. Brett Nomberg made a motion demonstrating why the court should find the defendant at fault as a matter of law. The court held the defendant responsible for the accident as a matter of law and the case then settled before trial for $1.4 million.

30 Years of Beating NY’s Largest Defense Firms

Big Firm Results. Personal 24/7 Attention.

Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.

Call Now for a Free Consultation

(212) 808-8092

Serving NYC, Long Island, Westchester, and All of New York State. Available 24/7.

5 HELPFUL FREE TIPS FROM NEW YORK SLIP AND FALL ACCIDENT LAWYERS

• Call the police and an ambulance to document the accident and injury.
• Report the accident to the owner of the property, preferably in writing.
• Obtain the names, addresses, and phone numbers of all witnesses to the accident.
• Take many photographs of the dangerous condition as soon as possible after the accident.
• Look to see if there are any surveillance cameras that may have recorded the incident.

WHY HIRE A SLIP AND FALL LAWYER?

Falls are the leading cause of ER visits, hospitalizations, and injury deaths among Empire State residents ages 60 and up, but they can happen to people of all ages. In 2023, fall injuries caused over 1,800 deaths, 78,000 hospitalizations, and 182,000 emergency room visits for New Yorkers who were 60 or older. 

If you’ve been harmed in a fall that occurred on someone else’s property, you may be eligible to receive compensation that could help you pay for medical care, make up for lost wages, and put your life back together. The most effective way to pursue a slip and fall case is to hire a slip and fall lawyer. Your lawyer can help you with every aspect of the case, leveraging their knowledge of slip and fall laws to get you a successful outcome. They can:

• File your claim
• Collect evidence
• Interview witnesses
• Arrange for expert witness testimony
• Reconstruct the accident to prove fault
• Negotiate a settlement with the liable party’s insurance company
• Take your case to court if the insurance company refuses to make a fair settlement offer

You can reach out to our team today to schedule an initial consultation regarding your slip and fall claim.

FAQs

What Is the Typical Payout for a Slip and Fall in New York?

There is no typical payout for a slip and fall in New York because every case is different. The amount of compensation you receive will depend on factors such as the extent of your injuries, whether you were found some degree of fault for the accident, and how skilled your New York slip and fall attorney is at negotiating with insurance companies and presenting proof before a jury.

Is It Worth Filing a Claim for Pain and Suffering?

It is worth filing a claim for pain and suffering in the context of a wider slip and fall case. Non-economic damages like pain and suffering are typically determined using information like the total cost of your economic damages and the length of time it takes you to heal from them. Claiming non-economic damages can substantially increase your settlement amount.

What Are the Four Things You Need to Show to Prove Negligence?

The four things you need to show to prove negligence are a duty of care toward you as the accident victim, a breach of that duty on behalf of the defendant, compensable injuries resulting from the defendant’s breach of duty, and causation, meaning that the defendant’s breach of duty was directly responsible for causing your accident.

How Likely Is a Slip and Fall Case to Be Successful?

How likely a slip and fall case is to be successful varies depending on the strength of the evidence in the case and how experienced your attorney is. 

If you were involved in an accident, contact the Law Office of Brett J. Nomberg, PLLC, experienced New York slip and fall accident lawyer, at our law firm online to help you recover the compensation you deserve. We speak Spanish, Polish, and Russian. The consultation is free, and there is no fee unless we win.

We have offices located in New York City, and most everything is now done remotely for the safety of all clients. We litigate cases in New York, including Manhattan, Bronx, Brooklyn, Queens, Long Island, including Suffolk and Nassau, and Westchester, Putnam, Ulster, Orange, and Suffolk County.