Brooklyn Trip and Fall Accident Lawyer

Sidewalks buckle in Flatbush. Stairwells in Bushwick go unlit for months. Supermarket floors in Bay Ridge stay wet long after a spill should have been cleaned up. Brooklyn is one of the most densely populated boroughs in the country, and that density means an extraordinary number of surfaces that property owners are legally obligated to maintain, and routinely fail to. When a Brooklyn trip and fall accident puts you in the hospital, out of work, or living with pain you did not have before, the question is not simply whether someone was careless. The question is whether that carelessness created a legal duty that was breached, and whether you can prove it.

Trip and fall cases are often underestimated. Insurance adjusters move quickly to minimize or deny claims, and property owners rarely admit fault voluntarily. What looks straightforward from the outside, a cracked sidewalk, a raised floor mat, a broken step, can become legally complex when you start digging into who owns the property, who maintains it, and what notice they had of the defect. These details define whether you walk away with real compensation or nothing at all.

At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian represent people throughout Brooklyn who have been hurt because someone failed to keep their property reasonably safe. The firm approaches these cases with the same assertive and creative strategy it applies to every case it handles, which means doing the work that insurance companies hope you will not do.

What Actually Causes Trip and Fall Injuries in Brooklyn

• Broken or uneven sidewalk flags: New York City’s sidewalk maintenance rules place responsibility on abutting property owners for most sidewalks, with limited exceptions for one-to-three family homes. When a raised concrete slab causes a fall, identifying who bears that duty is the first legal step.
• Defective interior staircases and landings: Apartment buildings, commercial buildings, and public facilities throughout Brooklyn often have staircases with broken treads, missing handrails, or inadequate lighting. Building owners carry a non-delegable duty to maintain these areas.
• Wet and slippery floors in retail spaces: High-traffic stores, restaurants, and transit areas along Fulton Street, Atlantic Avenue, and the shopping corridors of Downtown Brooklyn frequently generate wet floor conditions that go unaddressed long enough to injure someone.
• Construction zone hazards: Active construction is a constant feature of neighborhoods like Williamsburg, DUMBO, and Crown Heights. Debris, missing coverings, temporary flooring, and poorly marked pedestrian pathways contribute to a category of falls where contractor liability is often in play alongside property owner liability.
• NYC Transit Authority property: Subway stations across Brooklyn, including busy hubs like Atlantic Terminal, Broadway Junction, and Jay Street-MetroTech, have platforms, stairwells, and entryways that can be hazardous. Claims against the MTA or NYCTA follow a distinct notice-of-claim process with tight deadlines.
• Parking lots and private driveways: Commercial parking facilities in areas like Sunset Park and Red Hook can have poorly maintained asphalt, drainage issues, and inadequate lighting that contribute to serious falls, particularly at night.
• Negligently maintained floor surfaces in residential buildings: Cracked vinyl flooring, loose carpet in hallways, and deteriorated thresholds in older housing stock across East New York and Brownsville represent a category of premises liability cases where landlord negligence is often well-documented in prior complaints.

What to Do After a Trip and Fall Accident in Brooklyn

The steps taken in the hours and days following a fall can directly determine what evidence survives and what a case is ultimately worth. Start by documenting the scene. If you are physically able, take photographs of the exact defect that caused the fall before anyone repairs it, before weather changes it, and before the property owner alters the condition. Courts have consistently held that spoliation of evidence, intentional or not, can create serious problems for the party responsible for preserving it. But that cuts both ways: if the defect disappears before you document it, your case becomes significantly harder to prove.

Report the incident. If you fell in a store, tell the manager and ask for a written incident report. If you fell on a public sidewalk in Brooklyn, the area is served by the New York City Department of Transportation, which may have records of prior complaints about that same sidewalk block. Prior complaints are often critical evidence because they establish that the city or property owner had notice of the defect long before you were hurt. The same logic applies to landlords: 311 service request records can show that tenants complained about a hazard weeks or months before an accident.

Seek medical care promptly and follow through completely. Gaps in treatment give insurance adjusters a narrative they will use against you: that your injuries were not serious or were caused by something other than the fall. Emergency rooms and urgent care facilities across Brooklyn can document your injuries immediately, and follow-up with specialists creates the medical record that quantifies your damages.

Notice-of-claim deadlines in New York are strict. Claims against the City of New York, the MTA, or other public entities require a notice of claim to be filed within 90 days of the accident. Missing this deadline almost always bars the claim entirely, with very limited exceptions. This is one of the most common ways injured people lose their ability to recover compensation for falls on public property in Brooklyn. An injury attorney familiar with these requirements needs to be contacted as quickly as possible after any fall on city-owned or transit property.

Brooklyn trip and fall cases are filed in Kings County Supreme Court for larger claims, or in Civil Court of the City of New York, Kings County, for smaller ones. Kings County Supreme Court is located at 360 Adams Street in Downtown Brooklyn. Understanding which venue applies to your case depends on the amount in dispute and the nature of the defendants, which is exactly the type of analysis a Brooklyn trip and fall attorney should handle early in the representation.

Proving Liability When a Landowner Denies Fault

New York premises liability law requires an injured person to show that the property owner created the hazardous condition, or had actual or constructive notice of it and failed to fix it within a reasonable time. Constructive notice is often where these cases are won or lost. A defect that existed long enough that a reasonable property owner should have discovered it, through regular inspections and maintenance, satisfies the notice requirement even if the owner claims they had no idea.

Gathering that proof takes work. Incident histories from the city’s own databases, maintenance logs, prior inspection records, witness accounts from neighbors or building staff, and expert testimony about how long a particular type of defect takes to develop can all contribute to establishing constructive notice. The property condition itself matters too. A raised sidewalk flag that has clearly been there for years looks different from one that appeared after a freeze-thaw cycle two days before the fall.

Comparative fault is an issue in nearly every trip and fall case. New York follows a pure comparative negligence rule, which means that even if a jury finds a plaintiff partially responsible for their own fall, the recovery is reduced proportionally rather than eliminated. Property owners and their insurance companies routinely argue that a person should have seen the defect, should have been looking where they were walking, or was wearing improper footwear. Having counsel who has handled these defenses before matters when those arguments come up in negotiations or at trial.

Why Mark David Shirian P.C. Handles These Cases Differently

Mark David Shirian P.C. was founded in 2016 with a single purpose: to help people who have been wronged. The firm has recovered millions of dollars on behalf of clients across New York City and New York State, and it operates with the resources and preparation of a larger firm while delivering the direct, personal attention that boutique representation makes possible. When you work with this firm, you deal directly with attorneys Mark D. Shirian and Shawn D. Shirian, not with paralegals or rotating associates.

Client reviews highlight themes that matter in injury cases specifically: close attention to detail, hard work that continues throughout the case, and communication that keeps clients informed rather than in the dark. Premises liability cases require that kind of sustained attention because the work does not stop at the initial filing. Evidence has to be gathered and preserved, the property’s maintenance history has to be investigated, and the defense’s liability arguments have to be anticipated and answered. The firm’s approach has been described by its own clients as compassionate but relentless, which is the right combination for this type of case.

The firm has been featured in the news for its work on high-profile cases, and its reputation in New York City litigation reflects years of taking on cases that matter to real people, not just cases that are easy. A Brooklyn trip and fall attorney from this firm will evaluate your case carefully before making any promises, and then pursue it with the same commitment applied to every client the firm takes on.

Questions People Ask About Brooklyn Trip and Fall Claims

How long do I have to file a trip and fall lawsuit in Brooklyn?

For claims against private property owners, New York’s statute of limitations for personal injury claims is generally three years from the date of the accident. However, for claims against the City of New York, the MTA, or other public entities, you must file a notice of claim within 90 days of the accident before you can sue. Missing the 90-day deadline can eliminate your right to recover entirely. Do not assume you have the full three years if any government entity might be involved.

What if the sidewalk where I fell is technically city property?

New York law places the obligation to maintain most sidewalks on adjacent property owners rather than the city, but there are exceptions for certain property types, including one-to-three family homes that are owner-occupied. The allocation of responsibility depends on the specific block, the type of property, and whether the city received prior written notice of the defect. These distinctions require legal analysis to untangle, and the wrong conclusion about who is responsible can derail a claim at the outset.

I fell in my own apartment building. Can I sue my landlord?

Yes. Landlords in New York have a duty to maintain common areas of residential buildings in a reasonably safe condition. This includes hallways, stairwells, lobbies, and exterior entryways. If a defective condition in a common area caused your fall, and the landlord had notice of it or should have discovered it through reasonable maintenance, you may have a valid premises liability claim. Complaints made to the landlord, building violations on file with the Department of Buildings, and HPD inspection records can all support that notice.

Does it matter that I did not see the defect before I fell?

Not necessarily. Trip and fall accidents often happen precisely because the defect was not obvious. A sidewalk that rises a fraction of an inch, a threshold that blends into the floor, or a step with worn edging can all cause serious falls without being visible hazards under normal attention. Courts have recognized that pedestrians and visitors are not expected to scrutinize every inch of a surface. The visibility of the defect is one factor, not the only one.

The property owner fixed the defect right after I fell. Does that hurt my case?

Under New York evidence rules, subsequent remedial measures are generally not admissible to prove that the owner was negligent before the accident. However, if you documented the condition before it was repaired, that evidence still exists and can still be used. The repair itself may also be relevant for other purposes. The key is that you document the defect as quickly as possible, before any changes are made.

Can I still recover if I was partially at fault for the fall?

Yes. New York’s pure comparative negligence rule allows you to recover even if you were partially responsible, though your recovery is reduced by your percentage of fault. For example, if a jury finds the total damages are $200,000 but assigns 20% of the fault to you, you would recover $160,000. The defense will try to maximize your assigned percentage of fault, and your attorney needs to anticipate and counter those arguments from the very beginning of the case.

What kind of compensation is available in a trip and fall case?

Recoverable damages in a New York trip and fall case typically include medical expenses, both past and future; lost income if the injury prevented you from working; diminished earning capacity for longer-term injuries; and pain and suffering, which in Brooklyn cases involving serious fractures, head injuries, or spinal injuries can represent a substantial portion of the total recovery. Out-of-pocket expenses related to the injury are also compensable.

What if I fell in a restaurant or store but did not report it that day?

Failing to report the incident immediately is not fatal to a claim, but it creates a gap that the defense will exploit. The sooner you report, the more likely it is that surveillance footage, which many Brooklyn commercial properties record and overwrite within days, will still exist. If you did not report at the time, report now, gather whatever documentation you can about the condition, and consult an attorney as quickly as possible. The passage of time does not eliminate a claim, but it makes building the evidentiary record harder.

How long does a trip and fall case in Brooklyn typically take to resolve?

Cases involving clear liability and well-documented injuries may resolve through settlement before trial, sometimes within a year to 18 months. Cases involving disputed liability, government defendants, or significant damages may take longer, particularly if they proceed to trial in Kings County Supreme Court. The court calendar and discovery process in New York City can extend timelines, which is why building the strongest possible evidentiary record from the start matters so much.

Can I sue the City of New York for a fall on a subway platform?

Claims against the New York City Transit Authority for falls on subway platforms, stairs, or in station areas are possible, but they involve specific procedural requirements distinct from ordinary personal injury claims. The 90-day notice of claim deadline applies. The NYCTA will also require a hearing before litigation can proceed. These cases are winnable, but they require attorneys who understand the procedural framework, because technical failures in compliance can end the case before it starts.

Representing Brooklyn Trip and Fall Clients Across the Borough and Beyond

Mark David Shirian P.C. represents trip and fall clients throughout Brooklyn, from Williamsburg and Greenpoint in the north through Bed-Stuy and Crown Heights into the central neighborhoods, and down through Flatbush, Midwood, and Sheepshead Bay toward the southern end of the borough. The firm handles cases in Bay Ridge, Dyker Heights, Bensonhurst, and Borough Park, as well as in Red Hook, Carroll Gardens, Cobble Hill, and Boerum Hill closer to the water. Clients in East Flatbush, Canarsie, Brownsville, East New York, and Cypress Hills are served as well. The firm also represents clients from DUMBO, Downtown Brooklyn, and Park Slope, and extends its representation to clients in the surrounding areas of Queens, Staten Island, Manhattan, and the Bronx when those cases arise. Across New York State more broadly, the firm handles serious personal injury matters for clients who need the same level of committed representation that Brooklyn residents receive.

Talk to a Brooklyn Trip and Fall Attorney About Your Case

A Brooklyn trip and fall attorney from Mark David Shirian P.C. will evaluate what happened, identify who may be liable, and explain what evidence needs to be preserved now before conditions change, footage is overwritten, or deadlines run. The firm offers confidential case evaluations, and there is no obligation to retain counsel after that conversation. Millions have been recovered for clients across New York City through exactly this kind of direct, careful representation. Call today to speak with a Brooklyn trip and fall lawyer who will treat your situation with the seriousness it deserves.