Manhattan Based Slip and Fall Accident Attorneys, Representing Accident Victims in New York for Over 45 Years

For over 45 years, our partners Shana De Caro and Michael V. Kaplen have successfully represented slip and fall victims in state and federal courts, obtaining fair and adequate compensation for their personal injuries and economic losses.

And unlike many firms, your case won’t be handed off to a paralegal or junior associate. You’ll work directly with Shana and Michael, who will personally handle your slip and fall case from start to finish.

We invite you to visit our bio pages (Shana, Michael) for more information on our credentials, or follow the links below.

• Shana is a member of the Board of Directors, New York State Academy of Trial Lawyers
• We are preferred attorneys of The Brain Injury Association of America (link)
• Michael is a professorial lecturer at law, teaching a course in brain injury law at the George Washington University Law School (link)
• Shana De Caro served two terms as Chairwoman of The Brain Injury Association of America (link)
• Michael served two terms as Chair of the New York State Traumatic Brain Injury Services Coordinating Council (link)
• Both Shana and Michael have been selected as New York Super Lawyers (link, link)

If you or a loved one has been injured in a slip and fall accident due to someone else's negligence, you likely have grounds for a personal injury claim. Understanding the specific circumstances of your fall is the first step toward seeking justice and compensation.

We encourage you to reach out for a free, no-obligation consultation to discuss your unique situation. Even if your specific incident isn't listed below, our experienced New York slip and fall lawyers are here to assess your case and determine if another party's responsibility led to your injury.

Below, we outline common types of slip and fall cases we successfully handle for clients across New York.

Wet floors and slippery surfaces are the most common premises liability claims in New York, striking victims in everyday locations they should be able to trust:

High-Risk Locations:

• Grocery stores and supermarkets (produce sections with misting systems)
• Office buildings and apartment lobbies (tracked-in rain and snow)
• Restaurants, cafes, and bars (spilled beverages and food)
• Hotel bathrooms and pool areas
• Shopping mall food courts
• Retail stores (condensation from freezer cases)

The Hidden Dangers: Almost half of all falls occur at home, often due to hazards like wet floors, but commercial properties pose equal risks. Businesses legally must maintain safe floors. When they fail, catastrophic injuries result.

Devastating Consequences:

• Traumatic brain injuries requiring lifelong care
• Hip fractures (especially dangerous for older victims)
• Spinal compression fractures
• Soft tissue injuries requiring extensive rehabilitation

Poor lighting is cited as a frequent contributor to falls, particularly in nursing homes where environmental hazards cause an estimated 16%–27% of falls. The same dangers lurk in:

Common Problem Areas:

• Apartment building stairwells with broken fixtures
• Parking garages with insufficient illumination
• Hotel hallways and emergency exits
• Restaurant dining areas and restrooms
• NYC health officials specifically identify inadequate lighting as a major fall risk in home environments
• Subway stations and public walkways

When property owners neglect lighting maintenance, they create invisible death traps that destroy lives.

The numbers tell a shocking story of municipal negligence: NYC recorded 2,350 sidewalk defect injury claims in FY 2023, about 7% of all personal injury claims citywide. These sidewalk falls alone cost the city over $53 million in injury settlements.

Common Sidewalk Dangers:

• Uneven pavement and broken concrete
• Tree roots pushing up sidewalk sections
• Potholes and crumbling surfaces
• Construction debris left scattered
• Inadequate drainage creating ice formations
• Missing or damaged curb cuts

The Legal Reality: In NYC, property owners bear responsibility for maintaining adjacent sidewalks, even when the city technically owns them. When they fail, both the city and property owners can face massive liability.

Ice and snow create seasonal spikes in falls, with winter conditions among the leading causes of weather-related injuries nationally. Falls on ice account for over one-third of all injuries in winter months.

Deadly Winter Hazards:

• Black ice formation after inadequate snow removal
• Icy steps without proper salting or sanding
• Snow-covered potholes creating hidden traps
• Ice dams and refreezing water
• Frozen drainage systems

New York's harsh winters make property owners' obligations even more critical, and their liability even greater when they fail.

The statistics are horrifying: 50–75% of nursing home residents fall each year—2 to 3 times the rate for seniors living in the community. An average 100-bed nursing home reports 100–200 falls annually, with about 1,800 nursing home residents dying each year nationwide due to fall-related injuries.

The Preventable Tragedy: Environmental negligence causes 16–27% of nursing home falls, including wet floors, poor lighting, incorrect bed heights, and wheelchair issues. About 10–20% of nursing home falls cause serious injuries, and 2–6% cause fractures.

When profit-driven facilities cut corners on safety, vulnerable residents pay with their lives.

Stairway defects create some of the most serious fall injuries because victims often tumble multiple steps, gaining momentum and striking hard surfaces repeatedly.

Common Stairway Hazards:

• Missing or inadequate handrails on one or both sides
• Uneven riser heights that disrupt natural walking rhythm
  Single step elevation changes without proper marking
• Worn or damaged stair treads creating slippery surfaces
• Inadequate stair width forcing unsafe navigation
  Broken or loose balusters and railings
  Steps that don't meet building code requirements

Why These Falls Are So Devastating: Stairway falls often result in multiple impact injuries as victims tumble down several steps. Head injuries, spinal trauma, and multiple fractures are common outcomes.

Improperly designed or maintained ramps can be more dangerous than stairs, especially for individuals using mobility aids or carrying items.

Dangerous Ramp Conditions:

• Excessive slope exceeding ADA requirements
• Lack of proper railings or edge protection
• Slippery surfaces without adequate texture or grip
• Missing or inadequate landing areas
• Poor drainage causing water accumulation
• Cracked or uneven ramp surfaces
• Insufficient width for safe passage

Ramps must meet strict engineering standards—when property owners ignore these requirements, serious injuries inevitably follow.

Failure to post adequate warnings about potential hazards is one of the most inexcusable forms of negligence, especially when property owners know dangers exist but fail to alert visitors.

Warning Failures Include:

• Wet floor conditions without proper signage
• Construction or maintenance areas without barriers
• Temporary hazards like loose carpeting or exposed wires
• Height changes or elevation differences
• Slippery surfaces during cleaning or weather conditions
  Out-of-order elevators or escalators without clear notices
• Maintenance work creating temporary obstacles

When property owners know about hazards but fail to warn visitors, they demonstrate conscious disregard for safety that often results in punitive damages.

Tripping hazards catch victims completely off guard, often causing them to fall forward with significant force and unable to protect themselves.

Common Tripping Dangers:

• Electrical cords and wires stretched across walkways
• Loose or bunched carpeting and area rugs
• Foreign substances like spilled food, debris, or merchandise
• Torn or frayed carpet edges and seams
• Extension cords in high-traffic areas
• Scattered tools, equipment, or maintenance materials
• Protruding objects from walls or floors
• Merchandise placed in aisles or walkways

The Devastating Impact: Tripping falls often result in serious facial injuries, broken wrists and arms from attempts to break the fall, and knee injuries from awkward landings.

Retail Establishments

Slips and trips are the most common type of premises liability claim in New York, with many occurring in retail settings. From spilled beverages in convenience stores to wet produce sections in supermarkets, retailers who fail to maintain safe conditions face substantial liability.

Hotels and Hospitality

The accommodation and food service industry has one of the highest rates of fall injuries, with falls being the leading cause of occupational injury for hospitality workers. Guests face similar risks from wet lobby floors, poorly lit stairwells, and slippery bathroom surfaces.

Public Transportation

"Slips, Trips, and Falls" are the most frequent injury mechanism for both passengers and employees in the NYC transit network. NYC Transit recorded 187 passenger slip/trip/fall accidents in a single month (December 2023), showing the massive scale of this ongoing problem.

• Fatal Falls: NYC averages over 500 unintentional fall deaths citywide per year, with falls being the leading cause of injury-related emergency visits. Statewide, approximately 730 older adults die from falls annually.
• Non-Fatal Injuries: Over 30,000 seniors visit NYC emergency departments annually due to falls, with more than 50% of fall-related hospitalizations among seniors occurring in their own homes.
• Long-Term Consequences: Over half of New York State older adult fall hospitalizations end with discharge to a rehab or nursing facility, indicating the life-altering severity of these injuries.

If you've been injured in a slip and fall accident in New York due to someone else's negligence, you may be entitled to compensation for your losses. The types of compensation available typically include:

• Medical Expenses: This covers all medical bills related to your injuries, including doctor visits, hospital stays, physical therapy, medication, and future medical care.
• Lost Wages: You can recover lost income if your injuries prevent you from working. This includes past and future lost earnings.
• Pain and Suffering: This compensates you for the physical pain, emotional distress, and mental anguish you've experienced as a result of the accident.
• Property Damage: If any of your personal belongings were damaged in the fall (e.g., glasses, phone), you can seek compensation for their repair or replacement.
• Other Expenses: You may also be able to recover other out-of-pocket expenses related to your injuries, such as transportation costs to medical appointments or the cost of hiring help with household chores.

The amount of compensation you can recover will depend on the severity of your injuries, the extent of your losses, and the strength of your case. The New York slip and fall injuries at De Caro & Kaplen, LLP can help you assess the full value of your claim and fight for the compensation you deserve.

Property owners and their insurance companies often raise various defenses in slip and fall cases to minimize their liability. Some common defenses include:

• Lack of Notice: The owner claims they didn't know about the dangerous condition or didn't have enough time to fix it.
• Open and Obvious Hazard: The owner argues that the hazard was so obvious that you should have seen and avoided it.
• Comparative Negligence: The owner alleges that your own carelessness contributed to the fall. If you are found to be partially at fault, your compensation may be reduced.
• Reasonable Care: The owner asserts that they took reasonable steps to maintain the property and prevent accidents.
• Independent Contractor Negligence: The owner claims that the negligence was caused by an independent contractor they hired, shifting the liability.

Our experienced New York slip and fall lawyers can anticipate these defenses, gather evidence to counter them, and build a strong case on your behalf. We understand the tactics used by insurance companies and are prepared to fight for your rights.

In New York, there are strict deadlines for filing a personal injury lawsuit, including slip and fall cases. This deadline is known as the statute of limitations. Generally, in New York, you have three years from the date of the accident to file a lawsuit.

However, there are exceptions to this rule. For example, if your accident occurred on property owned by a municipality (e.g., a city park or sidewalk), you may have a shorter time frame to file a notice of claim. Failing to file a notice of claim within the specified time can bar you from pursuing a lawsuit.

It is critical to consult with an attorney as soon as possible after a slip and fall accident to ensure that you meet all applicable deadlines and preserve your legal rights. Don't delay – contact De Caro & Kaplen, LLP today to discuss your case and protect your ability to seek compensation.

• Falls are the leading cause of injury-related deaths, hospitalizations and emergency department visits among adults 65 and older, and the incidence of fall related injuries has been rising over the years.
• According to the New York Department of Health, from 2000 to 2014, the rate of fall-related deaths in New York State increased more than 33 percent, while the rate of hospitalizations increased more than 4 percent.
• Between 2012 and 2014, 14% of falls in individuals aged 65+ which required hospitalization resulted in traumatic brain injury.
• In the same period, 22% of individuals aged 65+ who visited the Emergency Department after suffering a fall had sustained a traumatic brain injury.
• Falls are also the most common cause of injury hospitalizations in New York State among children aged 0-14 and adults 25 years and older.

Stay calm, if you your child, family member or other person falls. Take time getting up. If you are in extreme pain, if you cannot get up, seek assistance, and call 911.

When anyone falls and is knocked unconscious, he or she should be immediately taken to a hospital for evaluation. Any delay could be life-threatening. Even if the injured person did not lose consciousness, a blow or jolt to the head can have serious consequences. The possibility of a concussion or other type of brain injury should not be ignored.

If these symptoms develop seek immediate medical attention:

• Headache, nausea, vomiting, sleepiness, or problems concentrating
• Changes in behavior such as irritability or confusion
• Dilated pupils (pupils that are bigger than normal) or pupils of different sizes
• Difficulty with walking or speaking
• Drainage of bloody or clear fluids from ears or nose
• Vomiting
• Seizures
• Weakness or numbness in the arms or legs

• All walkways and stairways must be designed, constructed, and maintained to be safe and free from hazard.
• Window guards need to be installed to prevent children from falling out of windows. New York City law requires building owners install window guards if a child age 10 years or younger lives there, or if the tenant or occupant requests window guards in all buildings with three or more apartments.
• Playground surfaces must be made of shock absorbing material to cushion falls.

Find out more about falls and fall prevention, in Shana De Caro's presentation to the American Association for Justice, titled "Falls: Anyone, Anyplace, Anytime".

Falls are a leading cause of injury and death in construction in New York State. Falls are preventable injuries through proper planning, proper equipment, appropriate supervision and training.

Before construction and at all phases of the construction project, contractors must determine what fall protection measures should be taken to reduce the risk of falls.

• Temporary and safe stairways, ladders, scaffolds, and aerial lifts need to be provided which are properly maintained and equipped with proper fall protection.
• All floor openings need to be properly covered to prevent falls
• All aerial equipment must have proper and safe railings and tie-off points
• Personal fall arrest systems must include lanyards appropriate for the work taking place and must have proper tie off points.
• All ladders must be of proper height, and must be regularly inspected, repaired, and replaced when parts are worn, broken, bent, frayed, or otherwise damaged.
• The construction site must be routinely inspected for fall hazards and immediate and corrective action must be taken to remedy dangerous and unsafe conditions.

Falls, particularly in the young and the elderly, are a leading cause of traumatic brain injuries.

• Individuals who experience falls, especially those considered low energy transfer events such as falls from ground level while standing or from low heights, rarely receive proper evaluation or treatment for traumatic brain injuries.
• A recent large-scale study, involving data from 56 acute trauma centers across 18 countries and over 21,000 individuals, challenges the assumption that the energy involved in a fall can predict the severity of intracranial injury or even death.
• The study revealed that the elderly, particularly females taking pre-injury blood-thinning medications, were most likely to sustain traumatic brain injuries from low-impact falls. This finding challenges the common belief that energy transfer determines the severity of brain injury.
• Falls are the leading cause of TBI in individuals over the age of 65. Age-related changes to the brain and blood vessels increase the likelihood of a significant intracranial injury and decreased recovery.
• Those who suffered from a low energy fall are as likely as those suffering from a high energy fall to have an abnormal CT scan, and equally likely to sustain significant morbidity and mortality.
• Most individuals who fall and sustain a traumatic brain injury never lose consciousness.

These important findings emphasize the need to be more vigilant in screening and assessing all fall victims, and especially the elderly for a traumatic brain injury.

And the best cure for any brain injury is prevention.

Filing a lawsuit can be stressful. But our partners maintain a limited caseload in order to provide attentive client support and eliminate as much anxiety as possible. You’ll feel confident knowing you have a qualified attorney by your side at every step of your case.

Concerned about the costs of hiring a lawyer? Don’t be. You pay no attorney fees unless we win a settlement or favorable judgment on your behalf.

Our slip and fall injury attorneys serve the entire State of New York including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.

Every slip, trip, and fall case is unique, but the law is clear: property owners must maintain safe conditions. When they fail through negligence, carelessness, or cost-cutting, they must pay for the devastating consequences.

You deserve compensation for:

• All medical expenses (current and future)
• Lost wages and diminished earning capacity
• Pain and suffering endured
• Long-term care and rehabilitation needs
• Loss of life's enjoyments

Don't let negligent property owners escape accountability. The statistics show these accidents are preventable—when they occur due to negligence, victims deserve justice.

Contact De Caro & Kaplen, LLP today for your free consultation. Let us fight for the maximum compensation you deserve.