New York Injury Attorneys Blog

As a New York City personal injury attorney that handles a lot of slip and fall accidents on the stairs, we have become familiar with the New York City Building Code and the New York City Maintenance and Sanitation Codes.

In most wet stair cases, you need to show that the owner either created the wet and slippery condition or that they knew or should have known about the water and failed to remedy the condition. This can often be difficult to do and our New York personal injury lawyers have been innovative in closely analyzing the stairway condition as a contributing factor.

Our New York personal injury lawyers have successfully prosecuted personal injury cases in New York City by establishing that the stair treads did not have skid resistant material, which is a violation of the New York City Building and Maintenance Codes. Even if the cause of the water cannot be proven, the lack of skid resistant material can always be proven at a defendants' deposition, which is sufficient to establish improper and negligent maintenance.

Our New York personal injury lawyers regularly handle slip and fall cases in the Bronx, Manhattan, Brooklyn and Queens.

As an experienced New York personal injury lawyer, I have handled more slip and fall or trip and fall cases than I can remember.

A person who sustains a personal injury in a slip and fall because of a dirty or wet condition must prove the owner of the land either caused the condition or knew or should have known about the condition and failed to remedy it. The "should have known" doctrine is called constructive notice.

Personal injury lawyers may establish constructive notice through evidence that an ongoing and recurring dangerous condition existed in the area of the accident which was routinely left unaddressed by the landlord. When a landowner has actual knowledge of the tendency of a particular dangerous condition to reoccur, he is charged with constructive notice of each specific recurrence of that condition.

Therefore, to establish constructive notice of debris, New York personal injury lawyers can establish that the premises was always dirty or had a recurring tendency to be dirty. This type of evidence will establish constructive notice in a slip and fall personal injury case. .