Slip and Fall Lawyer Brooklyn, NY: Karasik Law Group

Reviewed by Alexander Karasik, Esq., Personal Injury Attorney | 18+ Years Experience | Super Lawyers 2021-2024 | Last Updated: May 2026

If you were injured in a slip and fall accident in Brooklyn, NY, you may be entitled to compensation under New York’s premises liability law. Property owners have a legal duty to maintain safe conditions for visitors. When they fail (failing to clear ice, ignoring a wet floor, leaving stairways in disrepair) and someone is injured, the property owner can be held financially responsible. Karasik Law Group has recovered $1,200,000, $325,000, $300,000, and $107,000 in single Brooklyn slip and fall cases. The NY statute of limitations is 3 years from the date of the accident.

Karasik Law Group Slip and Fall Case Results

Real case outcomes Karasik Law Group has recovered for Brooklyn slip and fall victims:

• $1,200,000: Slip and fall resulting in surgery
• $325,000: Slip and fall involving foot surgery
• $300,000: Slip and fall with wrist surgery
• $107,000: Slip and fall with hand fracture and surgery

Past results do not guarantee future outcomes. Each case turns on its specific facts, evidence, and damages.

NY Premises Liability: The Five Elements You Must Prove

To win a Brooklyn slip and fall case, you must prove all five elements of premises liability under New York common law:

1. Duty: The property owner had a legal duty to maintain reasonably safe conditions for visitors.
2. Breach: The owner failed to meet that duty (broken stairway, wet floor, ice not cleared, etc.).
3. Notice: The owner knew (actual notice) or should have known (constructive notice) about the hazard. This is often the most contested element.
4. Causation: The hazard directly caused your fall and injuries.
5. Damages: You suffered measurable harm (medical bills, lost wages, pain, etc.).

Actual Notice vs. Constructive Notice in NY

Actual Notice

The owner had direct knowledge of the hazard. Examples: a tenant reported the broken stair last week, the manager saw the spill happen, security camera shows an employee walking past the puddle. Actual notice is the easier path to victory but harder to prove without a paper trail.

Constructive Notice

The hazard existed long enough that the owner should have discovered it through reasonable inspection. NY courts apply a fact-specific test: how long was the hazard present, how visible, how often did the owner inspect? A puddle that has been on the floor for 30 seconds typically does not provide constructive notice. A puddle that has been there for 30 minutes during a rush hour likely does.

Common Slip and Fall Scenarios in Brooklyn

NYC Sidewalk Slip and Fall: NYC Administrative Code 7-210

Under NYC Administrative Code Section 7-210, property owners (not the City) are responsible for maintaining the sidewalk abutting their property in a reasonably safe condition. This includes clearing snow and ice, repairing cracked or uneven concrete, and addressing any hazard that could cause a fall.

Important exception: 1-, 2-, and 3-family owner-occupied residential properties are typically exempt from this private liability. For these properties, the City may be liable, which triggers a much shorter Notice of Claim deadline (90 days).

Snow and Ice: NYC’s 4-Hour Rule

NYC requires property owners to clear snow and ice from their sidewalks within 4 hours of the snowfall ending (or by 11 AM if snow stops between 9 PM and 7 AM). Failure to clear within this window can establish negligence in a slip and fall case. However, NY’s “storm in progress” doctrine bars liability for falls during ongoing storms.

NY Slip and Fall Settlement Ranges by Injury Type

What to Do After a Slip and Fall Accident in Brooklyn

1. Get medical attention immediately, even if you feel fine. Some injuries (concussion, internal injury, soft tissue) develop hours or days later.
2. Report the accident to the property owner, store manager, or building super. Get the report in writing if possible.
3. Photograph everything: the hazard, your injuries, the surrounding area, your shoes (defenses often blame footwear), and any warning signs (or absence of signs).
4. Get witness information. Witnesses leave quickly; capture them now.
5. Preserve evidence. Save the shoes and clothing you were wearing. Keep the original packaging if any product was involved.
6. Request surveillance footage preservation in writing. NYC stores typically purge footage within 30 to 60 days.
7. Do not give a recorded statement to the property owner’s insurance carrier without legal counsel.
8. Avoid social media posts about the accident. Defense counsel will subpoena posts.
9. Contact a Brooklyn slip and fall attorney for a free case evaluation.

Time Limits to Sue After a NY Slip and Fall

You have 3 years from the date of the accident to file a lawsuit under CPLR Section 214. Wrongful death claims have a 2-year SOL from date of death. Claims against the City of New York or other government entities require a Notice of Claim within 90 days.

Pure Comparative Negligence: Even If You Were Partly at Fault

NY applies pure comparative negligence under CPLR Section 1411. Your compensation is reduced by your percentage of fault, but you can still recover even if you were primarily at fault. If you were 30 percent at fault for not paying attention but the property owner was 70 percent at fault for the spill, you recover 70 percent of your damages.

Why Choose Karasik Law Group for Your Brooklyn Slip and Fall Case

At Karasik Law Group, our Brooklyn personal injury attorneys have approximately 19 years of experience handling slip and fall cases throughout NY. Led by Alexander Karasik, Esq., we serve clients in Sheepshead Bay, Brighton Beach, Manhattan Beach, Bay Ridge, Bensonhurst, Borough Park, Park Slope, Coney Island, and across all Brooklyn neighborhoods.

Free Case Evaluation

We offer free consultations to evaluate your slip and fall accident, identify the at-fault party, and recommend a recovery strategy. We work on contingency for personal injury matters, so you pay nothing unless we recover compensation for you. Read more about our fee structure.

Frequently Asked Questions

How much is a slip and fall case worth in Brooklyn, NY?

NY slip and fall settlements typically range from $10,000 for soft tissue injuries to $1,000,000+ for spinal or surgical cases. Karasik Law Group has recovered $1,200,000, $325,000, $300,000, and $107,000 in single Brooklyn slip and fall cases. Average NY slip and fall settlements fall between $250,000 and $500,000 based on industry data.

Who is liable for a slip and fall accident in Brooklyn?

The property owner or possessor (landlord, tenant, business operator, or City of NY) is typically liable if they knew or should have known about the hazard and failed to fix it. Under NYC Administrative Code 7-210, sidewalk owners are responsible for sidewalk maintenance. 1-, 2-, and 3-family owner-occupied homes are usually exempt.

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

3 years from the date of the accident under CPLR Section 214 for personal injury claims. Wrongful death is 2 years from date of death. Claims against the City of New York or government entities require a Notice of Claim within 90 days of the accident.

What if I was partly at fault for my slip and fall?

NY uses pure comparative negligence under CPLR Section 1411. You can still recover compensation even if you were partly at fault. Your recovery is reduced by your percentage of fault. If you were 30 percent at fault and the owner was 70 percent at fault, you recover 70 percent of your damages.

What evidence do I need for a slip and fall case?

Photos of the hazard taken immediately after the fall, witness contact information, medical records from the day of the accident and follow-up treatment, surveillance footage from any nearby cameras, accident report filed with the property owner, repair records or maintenance logs (obtained through discovery), and your shoes and clothing from the day of the accident.

What is the “storm in progress” doctrine in NY?

Under NY common law, property owners are not liable for slip and fall injuries caused by ongoing snowstorms or active precipitation. The owner gets a reasonable time after the storm ends to clear the hazard. NYC requires clearing within 4 hours of storm end (or by 11 AM if snow stops between 9 PM and 7 AM).

Can I sue the City of New York for a sidewalk fall?

Generally only for sidewalks abutting 1-, 2-, or 3-family owner-occupied homes (where private liability is exempt under 7-210), or for falls in city parks or city-owned property. The Notice of Claim must be filed within 90 days, and the lawsuit within 1 year and 90 days. These deadlines are strictly enforced.

What is the trivial defect doctrine in NY?

NY courts may dismiss slip and fall cases involving “trivial” sidewalk defects (small cracks, minor height differences, etc.) as a matter of law. The analysis considers the dimensions of the defect, location, surrounding circumstances, and whether the defect created a tripping hazard. There is no bright-line size threshold; courts decide case by case.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Contact a licensed attorney in your jurisdiction for case-specific guidance.