Brooklyn Trip and Fall Lawyer

A raised sidewalk flag. A broken step in a walk up. A wet lobby floor with no sign. Brooklyn is full of them, and every one of them has an owner whose job it was to fix it. If you fell and were hurt because someone did not maintain their property, you have the right to be compensated for your medical bills, your lost income, and your pain.

Shimko Law P.C. has represented injured Brooklyn residents from our office at 300 Cadman Plaza West, steps from the Kings County courthouses, since 2013. Daniel Shimko has been admitted to practice since 2008 and carries on the practice of Timothy Shimko, established more than 40 years ago. There is no fee unless we recover money for you.

Why trip and fall cases are harder than they look

Insurance companies treat fall cases as easy to deny. They argue that the defect was too small to matter, that you should have been watching where you walked, or that no one knew about the hazard. Winning these cases is about evidence gathered early: photographs of the defect with a ruler or a coin for scale, the names of witnesses, the building's maintenance records, and in many sidewalk cases the City's own records of prior complaints.

That is why the first call matters. We send a preservation letter to the owner the same week, so surveillance video is not erased, and we photograph and measure the location before it is repaired.

Who is responsible for a Brooklyn sidewalk fall

New York City law puts sidewalk repair on the property owner, not the City, for most buildings. Under section 7-210 of the New York City Administrative Code, the owner of the property next to the sidewalk must keep it in a reasonably safe condition and is liable for injuries caused by a failure to do so.

There is one important exception. Owner occupied one, two, and three family homes used only as residences are exempt, and for those sidewalks the City remains responsible. Claims against the City run on a much shorter clock, described below.

Other parties can also be responsible depending on where you fell:

• Landlords and building owners, for interior stairs, lobbies, hallways, and courtyards.
• Commercial tenants such as stores and restaurants, for entrances and floors they control.
• The New York City Housing Authority, for NYCHA buildings and grounds.
• Contractors and utilities, when a fall happens at a work site, an open excavation, or a poorly restored cut in the sidewalk.
• The City of New York, for sidewalks next to exempt homes, for tree wells, and for defects on streets and crosswalks.

We identify every responsible party at the start, because naming the wrong defendant, or missing one, can end a case before it begins.

The hazards we see most often in Brooklyn

• Sidewalk flags lifted by tree roots or frost, creating a lip that catches a shoe.
• Utility covers and grates set above or below the surrounding concrete.
• Broken or missing tree well guards.
• Stairs with uneven risers, worn treads, or no handrail.
• Ice and snow left on sidewalks and steps after the time the law allows for clearing them.
• Wet floors in lobbies, supermarkets, and restaurants with no warning.
• Poor lighting in stairwells and building entrances.
• Construction debris, sidewalk shed footings, and temporary plywood walkways.

A defect does not need to be large. Cases are won and lost on the measurements, which is why we document the location before anything changes.

What to do after a fall

1. Get medical care the same day, even if you think you are only bruised. The record of that visit becomes the foundation of your claim.
2. Photograph the exact spot, from several angles, with something in the frame for scale. Photograph your shoes and any visible injuries.
3. Get the names and phone numbers of anyone who saw you fall or helped you up.
4. Report the fall to the building, the store, or the manager, and ask for a copy of the report.
5. Do not give a recorded statement to an insurance company before you speak with a lawyer.
6. Call us. The deadlines below are short, and some run from the day of the fall.

Deadlines that can end your case

• Claims against the City of New York, NYCHA, or another public agency require a written notice of claim within 90 days of the accident, and the lawsuit itself must be started within one year and 90 days.
• For most sidewalk defects claimed against the City, the City must have received prior written notice of the defect before your fall, which is why we pull the City's records right away.
• Claims against private owners generally must be filed within three years of the accident.

Miss one of these and the strongest case in Brooklyn is worth nothing. Do not wait to find out which deadline applies to you.

If you were partly at fault

New York follows comparative negligence. If a jury finds you were partly responsible, for example because you were looking at your phone, your recovery is reduced by your share of the fault, but it is not eliminated. Insurance adjusters use "you should have seen it" to push you toward a low settlement. It is an argument for a jury, not a reason to give up your claim.

What your case may be worth

Every case is different, and no lawyer can promise a result. Compensation in a trip and fall case can cover:

• Medical bills, past and future, including surgery, physical therapy, and assistive devices.
• Lost wages and loss of future earning capacity.
• Pain and suffering, and the loss of enjoyment of the activities you can no longer do.

Results in past cases handled by this firm include a 325,000 dollar settlement for a client who tore a meniscus in a trip and fall despite preexisting arthritis, and a 300,000 dollar settlement for a client who fractured a wrist in a trip and fall and needed open reduction and internal fixation surgery. Prior results do not guarantee a similar outcome.

Why Shimko Law P.C.

• You work with the attorney, not a case manager.
• We are in Downtown Brooklyn, next to the courts where your case will be heard, and we make home and hospital visits when you cannot travel.
• Free consultation by phone, by video, or in person. No fee unless we win.
• Se habla español.

Frequently asked questions about Brooklyn trip and fall cases

Is the City or the property owner responsible for a sidewalk fall in Brooklyn? For most commercial and multi family buildings, the adjacent property owner. For owner occupied one, two, and three family homes, the City. We determine which applies before any claim is filed.

How long do I have to file a trip and fall claim in New York? Generally three years against a private owner, but only 90 days to serve a notice of claim if a public agency is involved.

What if I fell in a NYCHA building? NYCHA is a public authority with its own notice of claim requirements and short deadlines. Call as soon as possible after the fall.

Do I need a lawyer for a slip and fall? The owner's insurer will have one from the first day. Fall cases turn on evidence that disappears quickly, and on legal questions about notice and responsibility that are not obvious. A consultation costs nothing.

What if the defect was small? Small defects can still be actionable depending on their location, shape, and the circumstances of the fall. Measurements and photographs decide these cases, which is why early documentation matters so much.

I fell on ice. Is that a case? It can be. Owners have a duty to clear snow and ice within the time the law allows, and to address ice that forms from their own drainage or roof runoff.

What does it cost to hire Shimko Law? Nothing up front. We are paid a percentage of the recovery only if we win, under a written retainer agreement that you review before signing.

Can I still recover if I did not report the fall right away? Yes, although it is harder. Medical records, photographs, and witnesses can establish what happened. Call us and we will tell you honestly what your case looks like.

Talk to a Brooklyn trip and fall lawyer today

Call or text 718 504 5533, book a free video consultation, or send us a message. Attorney Advertising. Prior results do not guarantee a similar outcome.