Property owners, businesses, tenants, maintenance contractors, and government entities may be responsible for a slip and fall accident in Brooklyn. Liability generally depends on who controlled the location, what dangerous condition caused the fall, and whether the responsible party created the hazard or had enough notice to correct it. A person who falls on someone else’s property does not automatically have a claim, but when an injury results from an unsafe condition that should have been repaired, cleaned, removed, or properly marked, the party responsible for maintaining the property may be held liable.
At a Glance
- Liability turns on who controlled the area and whether they had notice of the hazard — not just that a hazard existed
- Actual notice (they knew) and constructive notice (they should have known) are the two ways notice gets proven
- Responsible parties can include property owners, commercial tenants, maintenance contractors, and New York City itself
- Sidewalk liability usually falls on the abutting property owner — with an exception for small owner-occupied homes
- Claims against a government entity require a Notice of Claim within 90 days — far shorter than the standard three-year deadline
The Law Office of David R. Darvish, P.C. represents people injured in slip and fall accidents throughout New York, including Brooklyn.
What Must Be Proven in a Brooklyn Slip and Fall Case?
Slip and fall cases are generally handled under New York premises liability law. Property owners and others who control a property must take reasonable steps to keep the premises in a reasonably safe condition.
In Basso v. Miller, the New York Court of Appeals explained that a landowner must act reasonably when maintaining property, taking into account factors such as the likelihood of injury, the possible seriousness of the harm, and the burden of preventing the danger.
To establish responsibility, an injured person generally must show that:
- A dangerous condition existed on the property
- The defendant owned, occupied, controlled, or maintained the area
- The defendant created the condition or had actual or constructive notice of it
- The dangerous condition caused the fall
- The fall resulted in injuries and related losses
The central question is often whether the responsible party knew, or reasonably should have known, about the hazard before the accident.
What Is Actual or Constructive Notice?
A property owner may have actual notice when the owner or an employee knew about the dangerous condition. For example, a customer may have reported a spill, or a building superintendent may have received previous complaints about a broken stair.
Constructive notice means the condition was present long enough and was sufficiently visible that a reasonably careful property owner should have discovered and corrected it.
The New York Court of Appeals addressed this issue in Gordon v. American Museum of Natural History. The court held that a defect must be visible and apparent and must have existed for enough time before the accident to allow the defendant to discover and remedy it. A general awareness that dangerous conditions might occur is not necessarily enough.
Evidence that may help establish notice includes:
- Inspection and cleaning records
- Security-camera footage
- Prior complaints or accident reports
- Photographs showing deterioration or accumulated debris
- Witness statements
- Work orders and maintenance requests
- Evidence that the same problem repeatedly occurred
Because spills may be cleaned, surveillance footage may be overwritten, and broken surfaces may be repaired, preserving evidence soon after an accident can be particularly important.
Who May Be Responsible for a Slip and Fall?
More than one individual, company, or public entity may share responsibility for unsafe property conditions.
Property Owners and Landlords
A property owner may be responsible when the owner retained control over the location and failed to repair or warn visitors about an unsafe condition. Common examples include defective stairs, damaged flooring, inadequate lighting, loose handrails, leaking ceilings, untreated ice, and broken entranceways.
In apartment buildings, responsibility may depend on whether the fall occurred in a common area controlled by the landlord or inside a leased space controlled by a tenant.
Commercial Tenants and Businesses
A store, restaurant, office, or other commercial tenant may be responsible when it controls the area where the accident occurred. For example, a Brooklyn supermarket may face liability if an employee caused a spill or if liquid remained on the floor long enough that reasonable inspections should have detected it.
The property owner may also remain involved, especially when the hazard concerns the building’s structure or an area the owner agreed to maintain.
Property Managers and Maintenance Contractors
Property managers, cleaning companies, snow-removal contractors, and repair companies may also be involved. A contractor may be responsible when its work created or worsened the hazardous condition. The terms of the maintenance agreement and the contractor’s actual conduct may affect whether it owed a duty relating to the injured person.
New York City or Another Government Entity
When an accident occurs on government property, such as a public school, park, municipal building, subway facility, or city-controlled walkway, a government entity may be a potential defendant.
These cases involve special procedures and significantly shorter deadlines. Under New York General Municipal Law Section 50-e, a Notice of Claim is generally required within 90 days when a tort claim is brought against a public corporation. Different public authorities may have different filing requirements, making it important to identify the entity that owned or controlled the location.
Who Is Responsible for a Brooklyn Sidewalk Accident?
Responsibility for a sidewalk fall often depends on the type of property next to the sidewalk.
Under New York City Administrative Code Section 7-210, owners of properties abutting sidewalks generally have a duty to maintain those sidewalks in a reasonably safe condition. This duty includes addressing defective sidewalk flags and removing snow, ice, dirt, and other materials.
However, an important exception applies to one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes. In cases involving these exempt properties, New York City may retain responsibility, subject to municipal notice rules and other legal requirements.
Depending on the circumstances, sidewalk liability may involve:
- The adjoining commercial property owner
- The owner of a non-exempt residential building
- New York City
- A contractor that performed defective repairs
- A company responsible for snow or ice removal
- A utility company whose work damaged the sidewalk
Identifying the correct property owner through deeds, leases, permits, contracts, and municipal records is often an important part of investigating a sidewalk accident.
Common Causes of Slip and Fall Accidents in Brooklyn
Brooklyn slip and fall accidents may occur in apartment buildings, bodegas, supermarkets, restaurants, construction areas, parking facilities, office buildings, and public spaces. Frequent hazards include:
- Wet or recently mopped floors without warning signs
- Snow and ice on sidewalks or entrances
- Uneven or cracked pavement
- Broken stairs or missing handrails
- Loose rugs and floor mats
- Poor lighting
- Merchandise or debris in walkways
- Leaks and plumbing problems
- Defective elevators or escalators
- Unmarked changes in floor elevation
The existence of a hazard alone does not settle the question of liability. The investigation must also determine who controlled the area and how long the condition existed.
Can an Injured Person Be Partially Responsible?
New York follows a comparative negligence system. Under CPLR Section 1411, an injured person’s own conduct does not automatically prevent recovery. Instead, compensation may be reduced according to the percentage of fault attributed to that person.
A defendant may argue that the injured person was distracted, ignored a warning sign, wore unsafe footwear, or failed to observe an obvious condition. Whether such conduct contributed to the accident depends on the specific evidence.
How Long Do You Have to File a Slip and Fall Lawsuit?
Most New York personal injury actions must be commenced within three years under CPLR Section 214.
Shorter deadlines may apply when New York City, a public authority, a school district, or another government entity is involved. A Notice of Claim may be required within 90 days, and additional requirements may apply before a lawsuit can proceed.
Waiting can also make a claim more difficult to investigate. Video recordings may be deleted, witnesses may become harder to locate, and the property may be repaired or altered.
Speak With a Brooklyn Slip and Fall Attorney
Determining responsibility for a Brooklyn slip and fall may require reviewing property records, leases, maintenance contracts, inspection logs, surveillance footage, prior complaints, and municipal documents. More than one party may ultimately share responsibility.
The Law Office of David R. Darvish, P.C. handles a range of personal injury matters, including trip and slip and fall claims. To discuss an accident and the circumstances surrounding it, call (516) 968-4817 or contact the firm online.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.