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Slip & Fall / Premises Liability

A fall is only 'clumsiness' until someone pulls the maintenance log. Premises cases are won by proving notice — that the owner knew about the hazard, or that it existed long enough that they should have. That evidence disappears fast, which is why the first 48 hours of a premises case matter more than the next six months.

Deadline

Generally 3 years — but if the property belongs to New York City or another public entity, you must file a notice of claim within 90 days or the case is likely gone.

How we build the case

What we set out to prove

  • Notice — maintenance records, prior complaints, violation histories, and how long the hazard existed

  • The hazard itself — preservation letters for camera footage within days, site inspections and code analysis

  • Causation — tying the fall, not a 'pre-existing condition,' to your injuries

Compensation

What you may recover

  • Medical treatment, including future care

  • Lost income while you recover

  • Pain, suffering, and permanent limitations

  • Home modifications and assistance costs in serious cases

Wondering about numbers? Our settlement calculator shows how claims are valued — honestly, with the math visible.

Gabriel Mendes, a warm, smiling attorney with curly hair tied back, wearing a dark blazer over an open-collared blue shirt

Who leads these cases

Gabriel Mendes Partner — Premises Liability

$975K stairwell-fall settlement against a Bronx landlord (2024) · Notice-of-claim specialist — the 90-day trap that ends city cases · Client reviews mention one word more than any other: 'listened'

Read Gabriel's full profile

Results in these cases

Recent slip & fall recoveries

$975,000

Stairwell fall Settled 2024

Collapsed step in an unlit Bronx walk-up

A home health aide fractured her ankle in two places on a staircase tenants had complained about for a year. HPD violation history proved the landlord knew.

$760,000

Sidewalk defect Settled 2023

Raised sidewalk flag outside a commercial building

A retired teacher shattered her wrist on a sidewalk that had been reported twice. The owner argued the City was responsible — the notice-of-claim was filed protectively within 90 days while we proved otherwise.

$540,000

Ceiling collapse Settled 2022

Bathroom ceiling collapse after ignored leaks

A tenant suffered a concussion and cervical injuries when a waterlogged ceiling came down. Repair requests in the building portal — timestamped and ignored — made notice undeniable.

Prior results do not guarantee a similar outcome; amounts are gross, before fees, expenses and liens. Fictional demo examples.

Common questions

Asked in almost every slip & fall consult

I fell but didn't report it to the store or building. Do I still have a case?

Possibly — an incident report helps but isn't required. What matters is evidence: photos, witnesses, your medical records, and anything showing the owner knew about the hazard. Report it as soon as you reasonably can, in writing, and talk to us before giving any recorded statement.

The building says the sidewalk isn't their responsibility.

In New York City, adjacent property owners are generally responsible for sidewalk maintenance — with exceptions for certain small residential buildings, where liability can shift to the City and trigger the 90-day notice-of-claim clock. Sorting out who actually owes you a duty is exactly the kind of thing we do in week one.

What is negligent security?

Property owners must take reasonable steps against foreseeable crime — working locks, adequate lighting, functioning cameras, security where history demands it. If you were assaulted somewhere the owner knew was dangerous and left unprotected, you may have a civil claim independent of any criminal case.

Other ways we help

Free case review · Available 24/7

Hurt in a slip & fall case? Let's talk — free.

Twenty minutes on the phone, no obligation, and an honest answer about whether you have a case and what it may be worth.

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