Slip and Fall Lawyer on Long Island
Injured in a fall on someone else's property? Winkler Kurtz LLP holds negligent property owners accountable. Free consultation. No fee unless we win.
DO YOU HAVE A CASE?
Signs you need a slip and fall lawyer
You slipped on a wet floor, icy sidewalk, or uneven surface inside a store, restaurant, or public building
You tripped on a broken stair, cracked pavement, or torn carpet in a building you do not own
Your fall resulted in broken bones, a head injury, or a back or hip injury
The property owner knew about the hazard and did nothing to fix it or warn you
There were no warning signs, barriers, or adequate lighting near the hazard
You fell at a construction site, parking lot, or government-maintained property
The property owner or manager is denying responsibility or blaming you
You needed surgery, extended rehabilitation, or cannot return to work
If any of these apply, call 631-928-8000. Premises liability cases require proof that the property owner knew (or should have known) about the danger.
WHY CHOOSE US
Why Winkler Kurtz LLP for your slip and fall case
OUR PROCESS
How we handle slip and fall cases
Free Case EvaluationCall 631-928-8000. We review the details of your fall, your injuries, and the property where it happened.
Scene InvestigationWe photograph the hazard (or reconstruct it from evidence), obtain surveillance video, pull maintenance and inspection logs, and interview witnesses.
Prove NoticeThe critical legal question: did the property owner know about the hazard? We establish "constructive notice" by showing the hazard existed long enough that a reasonable owner would have found and fixed it.
Demand Full CompensationWe calculate your medical costs, lost wages, pain and suffering, and future treatment needs. We negotiate aggressively with the property owner's insurance company. If they refuse to pay fairly, we go to trial.
HOW WE GET PAID
What does a slip and fall lawyer cost?
Nothing upfront. Winkler Kurtz LLP handles premises liability cases on contingency. No retainer, no hourly billing. We advance all costs. You only pay if we win.
COMMON LOCATIONS
Where slip and fall accidents happen on Long Island
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Spilled liquids, fallen merchandise, wet floors near entrances, and cluttered aisles. Stores like those in Smith Haven Mall, Walt Whitman Shops, and strip malls across Suffolk County are common locations.
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Wet floors, grease spills, uneven flooring, and dimly lit areas. The owner has a duty to inspect regularly and clean up hazards promptly.
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Potholes, cracked pavement, uneven surfaces, and ice or snow that has not been cleared. Property owners in New York must clear snow and ice within a reasonable time after a storm.
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Broken stairs, missing handrails, loose tiles, inadequate lighting in hallways and stairwells. Landlords have a legal duty to maintain common areas.
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Municipal buildings, courthouses, public parks, and sidewalks maintained by the Town of Brookhaven, Village of Port Jefferson, or Suffolk County. Special rules and shorter deadlines apply to claims against government entities.
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Debris, tools, temporary surfaces, and inadequate barriers. Visitors and passersby who are injured near active construction zones may have claims against the general contractor or property owner.
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Wet lobby floors, elevator malfunctions, loose carpet, and inadequate lighting. Commercial landlords owe the same duty of care to visitors and tenants.
KNOW YOUR RIGHTS
Key facts about premises liability in New York
Duty of care. Property owners must maintain their premises in a reasonably safe condition. They must inspect regularly, fix hazards promptly, and warn visitors of dangers they know about.
Notice requirement. To win a slip and fall case, you must show the owner had actual or constructive notice of the hazard. Actual notice means they knew about it. Constructive notice means the hazard existed long enough that a reasonable inspection would have revealed it.
Comparative negligence. If you were partially at fault (wearing inappropriate shoes, texting while walking, ignoring a warning sign), your recovery is reduced by your percentage of fault but not eliminated.
Storm in progress rule. In New York, property owners generally get a "reasonable time" after a storm ends to clear snow and ice. If you fall during an active storm, the property owner may not be liable. The timing of your fall relative to the storm is critical evidence.
Government claims. If your fall occurred on government-maintained property, you must file a Notice of Claim within 90 days and file suit within 1 year and 90 days. These deadlines are strictly enforced.
Common questions about slip and fall claims
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We need to show the owner knew or should have known about the hazard and failed to fix it or warn you. Surveillance footage, maintenance logs, prior complaint records, and witness testimony are key evidence. We gather all of this during our investigation.
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A warning sign does not automatically protect the property owner. If the hazard could have been cleaned up or fixed instead of just marked, the sign alone may not be a sufficient response. The reasonableness of the property owner's actions is what matters.
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3 years from the date of the fall for private property. If government property is involved, you must file a Notice of Claim within 90 days.
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Property owners must clear snow and ice within a reasonable time after a storm. If the ice formed because of a drainage problem or building defect, the owner may be liable even during a storm. The specific facts matter.
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Yes, if the fall happened in a common area (stairway, hallway, lobby, parking lot) and the landlord failed to maintain it. Falls inside your rented unit may also be the landlord's responsibility if the hazard was a building defect the landlord was obligated to repair.
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Medical expenses, lost wages, pain and suffering, future treatment costs, and in severe cases, loss of earning capacity. Falls can cause broken hips, traumatic brain injuries, spinal injuries, and other conditions that require long-term care.
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Report the fall to the property owner or manager. Ask for a copy of the incident report. Take photos of the hazard and your injuries. Get contact information from any witnesses. Seek medical attention even if you feel okay. Then call a lawyer before giving any recorded statements.
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New York's comparative negligence law allows you to recover compensation even if you share some fault. Your award is reduced by your percentage of fault but not eliminated.
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It depends on the severity of your injuries, your medical costs, and the impact on your life and work. Our firm evaluates your case during a free consultation and gives you an honest assessment.
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Some do, especially when liability is disputed. We prepare every case for trial. Insurance companies know which firms settle cheaply and which ones actually go to court. Our trial record strengthens every negotiation.
FAQ