Slip and Fall Lawyer Rockville Centre, NY
If you’ve been injured in a slip and fall accident, you know how quickly everything can change. One moment you’re walking through a grocery store or across a parking lot. The next you’re on the ground with your wrist bent wrong, your back screaming, or your head hitting concrete. These accidents happen in seconds, but the injuries last much longer.
At Isaacson, Schiowitz & Korson, LLP, we represent people injured in slip and fall accidents throughout Rockville Centre and Nassau County. Our Rockville Centre, NY slip and fall lawyer can evaluate your case during a free consultation and explain your legal options. We’ve handled premises liability cases since 1978, and we know what it takes to prove these claims and obtain fair compensation.
Why Choose Isaacson, Schiowitz & Korson, LLP for Your Slip and Fall Case in Rockville Centre, NY?
Substantial Premises Liability Experience
Slip and fall cases aren’t as simple as they might appear. Property owners and their insurance companies fight hard against these claims because they know the stakes are high. They deploy insurance adjuster tactics designed to minimize what you receive or deny your claim entirely.
We know these arguments because we’ve countered them for decades.
Martin Schiowitz co-founded this firm in 1978 and has practiced for over 50 years. He’s handled premises liability cases, wrongful death claims, medical malpractice matters, and other serious litigation throughout his career. Martin is a member of the New York State Trial Lawyers Association and the New York State Academy of Trial Lawyers. He has been peer-selected as a Super Lawyer, a distinction given to the top 5% of attorneys in the field.
Jeremy Schiowitz has represented injury victims for over 16 years. He handles complex litigation, including premises liability claims requiring investigation of property maintenance records, building code compliance, and notice issues. Jeremy graduated from Brooklyn Law School and holds licenses in New York and New Jersey. The American Institute of Personal Injury Attorneys recognized him as one of the 10 Best Attorneys in New York, and he has been named a Super Lawyer every year since 2014.
When you need a personal injury lawyer in Rockville Centre for a fall injury, experience with property law and premises liability matters.
Proven Results in Fall Cases
Premises liability represents a significant portion of our case results. Our firm has recovered millions of dollars for injury victims, including substantial recoveries in slip and fall cases. We’ve secured $1.2 million in a premises liability case, $925,000 in another, $700,000 in a third, and $570,000 in yet another. We have obtained multiple additional recoveries exceeding $300,000 in fall injury claims. These results demonstrate we know how to build and win premises liability cases.
Direct Access to Your Attorneys
Our attorneys stay personally involved in every case we accept. When you have questions about your slip and fall claim, someone who actually knows your case responds. This approach takes more time per client, but it produces better results and ensures you’re never left wondering what’s happening with your claim.
Contingency Fee Representation
We advance all expenses related to investigating and pursuing your claim. Our fee comes from a percentage of your recovery at the conclusion of the case. If we don’t recover compensation for you, you owe us nothing for attorney fees.
What Our Clients Say
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“Jeremy Schiowitz was my lawyer for a Slip-and-Fall case. He was so patient with me and fought hard to get me the best compensation I can get. I would highly recommend them for their expertise, professionalism and experience.” — Moshe Hershkowitz
Read more reviews on our Google Business Profile.
Types of Slip and Fall Cases We Handle in Rockville Centre
Falls happen in many different settings, and property owners in all of them owe legal duties to keep their premises reasonably safe for visitors. We represent people injured in all types of slip and fall accidents. If you’re wondering what to do after a slip and fall, understanding your case type is the first step.
- Falls in retail stores and office buildings. Retail stores, office buildings, apartment complexes, shopping centers, and commercial properties must be reasonably maintained for the safety of customers and visitors. Wet floors without warning signs, damaged flooring, poor lighting, cluttered aisles, and unmarked elevation changes all cause injuries that could have been prevented with proper care.
- Sidewalk falls. Cracked, uneven, raised, or damaged sidewalks cause pedestrians to trip and fall every day. Responsibility for sidewalk accidents may fall on adjacent property owners, municipalities, or both depending on local ordinances and the specific circumstances. These accidents are common throughout Rockville Centre and other developed areas.
- Snow and ice accidents. New York winters create hazardous conditions that property owners must address. Property owners have a duty to clear snow and ice within reasonable timeframes after precipitation ends. Failure to salt, sand, or shovel creates liability when people slip on icy surfaces. Understanding liability for snow and ice injuries helps you evaluate your claim.
- Parking lot falls. Potholes, cracked pavement, uneven surfaces, faded striping, poor lighting, and inadequate maintenance cause parking lot injuries. Property owners and management companies may share responsibility for maintaining safe conditions in parking areas.
- Stairway falls. Broken handrails, loose carpeting, cracked steps, inadequate lighting, missing nosings, and building code violations make stairs dangerous. Falls on stairs often cause serious injuries including fractures, head trauma, and spinal damage because victims tumble down multiple steps.
- Elevator and escalator accidents. Mechanical failures, maintenance neglect, sudden stops, misleveling, and design defects cause falls in and around elevators and escalators. Building owners and maintenance companies may be liable when these systems malfunction and injure users.
- Restaurant and bar falls. Spilled drinks, cooking grease tracked from kitchens, wet floors from mopping, and condensation near refrigerated areas create hazards in food service establishments. Staff should address spills promptly and use warning signs appropriately.
- Falls in gym and recreational facilities. Fitness centers and recreation areas have wet surfaces in locker rooms, showers, and around pools. Sweat on exercise floors creates hazards. Proper maintenance, non-slip surfaces, and warning systems are required to protect members.
- Nursing home falls. Elderly residents in care facilities are particularly vulnerable to fall injuries. When nursing homes fail to provide adequate supervision, maintain safe conditions, or address mobility limitations, residents suffer preventable falls.
- Construction site falls. Workers and visitors on construction sites face fall hazards from uneven surfaces, debris, and temporary conditions. These cases may involve both premises liability and labor law claims.
New York Premises Liability Law
Understanding New York’s legal framework helps you assess the strength of your slip and fall claim. Several legal principles affect how these cases proceed.
Duty of Care
Property owners and occupiers owe different duties depending on why you’re on their property. Business invitees, which includes customers in stores and people conducting business on the premises, are owed the highest duty of care. Property owners must maintain safe conditions, regularly inspect for hazards, and promptly address dangerous conditions they discover or should discover through reasonable inspection.
Social guests are owed a duty to warn of known dangers. Trespassers are generally owed only a duty not to be intentionally harmed, though exceptions exist for child trespassers and certain other circumstances.
Most slip and fall cases involve invitees on commercial property, where the property owner owes substantial duties to keep the premises safe.
Notice Requirements
Notice is often the central issue in slip and fall litigation. To succeed on a premises liability claim, you generally must prove the property owner either created the dangerous condition, had actual knowledge of it, or should have known about it through reasonable inspection.
The “should have known” element involves what lawyers call constructive notice. If a hazard existed long enough that reasonable maintenance practices would have discovered it, the property owner may be liable even without actual knowledge that the specific condition existed. A puddle of water that accumulated over an hour presents different notice issues than one that appeared moments before your fall.
Insurance companies aggressively challenge notice in virtually every slip and fall case. They argue the spill just happened, that the defect wasn’t visible, or that no one else had complained about the condition. Proving notice often requires thorough investigation into maintenance schedules, inspection logs, surveillance footage, employee testimony, and prior complaints about similar conditions.
Comparative Negligence
New York follows comparative fault rules under CPLR Section 1411. You can recover compensation even if you were partially at fault for your fall. Your award is reduced by your percentage of responsibility, but your claim is not defeated.
Property owners and their attorneys routinely argue that victims weren’t paying attention, were looking at their phones, wore inappropriate footwear, ignored warning signs, or otherwise contributed to their own injuries. These arguments aim to shift blame onto you and reduce the property owner’s liability. Even if some of these arguments have merit, you can still recover for the property owner’s share of responsibility.
Statute of Limitations
The statute of limitations for most slip and fall claims is three years under CPLR Section 214. This means you must file your lawsuit within three years of the date of your fall, or you lose the right to pursue your claim entirely.
Claims against municipalities and government entities have much shorter deadlines. You must file a Notice of Claim within 90 days under General Municipal Law Section 50-e, and the lawsuit must typically be filed within one year and 90 days. Missing these deadlines almost always defeats your claim.
Prior Written Notice for Municipal Sidewalks
New York has a special rule affecting many sidewalk fall cases. Under General Municipal Law Section 50-e and various local ordinances, municipalities generally aren’t liable for sidewalk defects unless they had prior written notice of the specific defect. This rule makes claims against cities and villages for sidewalk falls more difficult than claims against private property owners.
However, exceptions exist. If the municipality created the defect through its own work, the prior written notice requirement may not apply. Additionally, adjacent property owners may bear responsibility for sidewalk conditions under local ordinances, creating an alternative path to recovery.
What Damages Are Recoverable in Rockville Centre Slip and Fall Cases?
Fall injuries often cause significant losses across multiple categories. If you’ve been hurt in a slip and fall accident, you may be entitled to recover compensation for the following types of damages.
Medical Expenses
You may recover compensation for all medical expenses related to your fall injuries, including emergency room visits, hospitalization, surgery, diagnostic imaging, physical therapy, chiropractic care, prescription medications, medical equipment, and assistive devices like crutches or wheelchairs. If your injuries require future treatment, those projected costs are also recoverable. Understanding what happens when medical bills exceed your settlement helps you plan for comprehensive recovery.
Lost Wages and Earning Capacity
You may recover compensation for income you lost because your injuries prevented you from working. This includes wages, salary, bonuses, commissions, and self-employment income. If your injuries cause permanent limitations that affect your ability to work in your previous occupation or reduce your future earning capacity, those losses are also compensable and can dramatically increase case value.
Pain and Suffering
You may recover compensation for physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, and other non-economic harms caused by your injuries. Back injuries that cause chronic pain, fractures that require surgical repair, and head injuries that affect cognitive function all support substantial pain and suffering awards. Calculating pain and suffering value in New York involves analysis of injury severity, permanence, and impact on daily activities.
Loss of Consortium
When fall injuries are severe, spouses may have separate claims for loss of companionship, affection, and relationship impacts. These claims recognize that serious injuries affect the entire family, not just the person who fell.
Punitive Damages
Punitive damages are rare in premises liability cases but potentially available when property owners act with extreme recklessness, gross negligence, or intentional disregard for safety. A property owner who ignores repeated complaints about a dangerous condition or deliberately conceals known hazards might face punitive liability.
Wrongful Death
When slip and fall accidents prove fatal, surviving family members may have wrongful death claims. Falls are a leading cause of death among elderly adults, and fatal falls in nursing homes and commercial properties give rise to wrongful death litigation.
Common Slip and Fall Injuries
Fall injuries range from minor bruises to catastrophic, life-changing conditions. The following injuries commonly result from slip and fall accidents.
Fractures. Broken bones are among the most common slip and fall injuries. Wrist fractures occur when victims extend their arms to break their fall. Ankle fractures result from twisting during the fall. Hip fractures are particularly serious, especially for elderly victims, and often require surgery and extended rehabilitation. Rib fracture compensation varies based on severity and complications.
Head injuries. Striking your head on concrete, tile, or other hard surfaces can cause concussions, traumatic brain injuries, and skull fractures. Even seemingly minor head impacts can result in serious brain injuries with lasting cognitive effects. Understanding what to expect with brain injuries helps victims and families navigate the recovery process.
Back and spinal injuries. Falls can herniate discs, compress vertebrae, damage spinal ligaments, and in severe cases injure the spinal cord itself. Back injuries often become chronic conditions requiring ongoing treatment and causing permanent limitations.
Soft tissue injuries. Torn ligaments, muscle strains, and tendon damage may require surgery and extensive rehabilitation. Knee injuries including ACL and meniscus tears commonly result from twisting falls. Shoulder injuries including rotator cuff tears frequently result from fall impacts.
Shoulder injuries. Rotator cuff tears, shoulder dislocations, and labrum damage occur when victims land on outstretched arms or directly on their shoulders. These injuries often require surgical repair.
Knee injuries. Twisted knees during falls cause ligament tears, meniscus damage, and other injuries requiring surgery and physical therapy. Some knee injuries result in permanent limitations and early arthritis.
Cuts and lacerations. Falls onto broken glass, sharp edges, or rough surfaces cause cuts that may require stitches and leave permanent scars.
Steps to Take After a Slip and Fall in Rockville Centre
Your actions immediately after a fall significantly affect your ability to pursue a successful claim. Here’s what you should do to protect your health and your legal rights.
Report the incident to management. Tell the property owner, manager, store employee, or landlord what happened as soon as possible. Request that they complete a written incident report documenting the fall. Ask for a copy of that report, and if they won’t provide one, note the names of employees you spoke with and when.
Document the hazardous condition. Take photos and video of what caused your fall before anyone has a chance to clean it up, repair it, or change the conditions. Photograph the wet floor, ice, broken step, uneven surface, or whatever hazard caused your fall. Capture the surrounding area, lighting conditions, and any warning signs that were or weren’t present. Use your phone to create this documentation immediately.
Get witness information. If anyone saw you fall or noticed the hazardous condition before your fall, get their names and contact information. Witness testimony can be crucial in proving how long the hazard existed and that the property owner should have known about it.
Seek medical attention promptly. Even if you think your injuries are minor, get checked out by a medical professional. Some injuries don’t show symptoms immediately, and the adrenaline following an accident can mask pain. Medical records from the day of your fall establish the connection between the incident and your injuries, which becomes important evidence in your claim.
Preserve your clothing and footwear. The shoes and clothing you were wearing may become evidence. Defense attorneys often argue that victims wore inappropriate footwear. Don’t wash or dispose of what you were wearing until you’ve consulted with an attorney.
Avoid giving recorded statements. The property owner’s insurance company will contact you seeking a recorded statement. They’ll sound sympathetic and claim they just want to understand what happened. In reality, they’re looking for statements they can use to deny or minimize your claim. Politely decline to provide recorded statements until you’ve obtained legal advice.
Contact a slip and fall attorney promptly. Hiring an attorney early in the process protects your rights. Evidence in slip and fall cases disappears quickly. The sooner we can investigate, the stronger your case will be.
Slip and Fall Statistics
Falls cause significant injuries and deaths nationwide. Understanding the scope of the problem provides context for your claim.
According to the Centers for Disease Control and Prevention, falls are the leading cause of injury among adults 65 and older. Over 3 million older adults are treated in emergency departments for fall injuries annually. Approximately 800,000 are hospitalized, most commonly for head injuries and hip fractures. Falls cause over 32,000 deaths yearly among older adults.
The National Floor Safety Institute reports that slips and falls account for over one million hospital emergency room visits annually across all age groups. Falls are the leading cause of workers’ compensation claims and a leading cause of occupational injury.
According to OSHA, slips, trips, and falls are among the leading causes of workplace injuries. In commercial and retail settings, wet floors cause the majority of slip and fall accidents. Failure to use warning signs, address spills promptly, or maintain flooring in safe condition creates premises liability.
The Bureau of Labor Statistics tracks workplace injuries including falls. Data shows that falls on the same level, meaning slips and trips rather than falls from heights, cause hundreds of thousands of injuries requiring time away from work each year.
Winter weather exacerbates fall risks significantly. Nassau County’s freeze-thaw cycles create icy conditions on sidewalks, parking lots, and building entrances throughout Rockville Centre from November through March. Property owners who fail to address these conditions promptly face liability when people slip and fall.
Rockville Centre Slip and Fall Lawyer FAQs
How do I prove the property owner knew about the hazard?
Evidence of notice includes maintenance logs showing inspection schedules, cleaning records, prior complaints about the same or similar conditions, surveillance footage showing when the hazard developed, employee testimony about what they knew and when, and physical evidence about the condition itself. A dirty, worn appearance on a floor defect suggests it existed for a long time. We investigate these issues thoroughly to establish notice.
What if I fell on a public sidewalk?
Claims against municipalities have special rules that make them more challenging. You must file a Notice of Claim within 90 days, and the municipality generally must have had prior written notice of the specific defect. However, adjacent property owners may also bear responsibility under local ordinances, and exceptions to prior written notice requirements exist when the municipality created the defect.
How long do I have to file a slip and fall lawsuit?
Three years for claims against private property owners. For claims against government entities, you must file a Notice of Claim within 90 days and the lawsuit within one year and 90 days. These deadlines are strictly enforced, and missing them typically defeats your claim entirely.
What if the property owner says I wasn’t paying attention?
Defense attorneys routinely argue that victims were distracted, looking at their phones, or not watching where they were going. New York’s comparative negligence law still allows recovery even if you were partially at fault. Your award is reduced by your percentage of responsibility, but your claim isn’t defeated.
Do I need an attorney for a slip and fall case?
These cases are significantly harder than they appear. Insurance companies fight premises liability claims aggressively because they know that slip and fall cases require proof of notice, which can be difficult to establish. Having experienced representation dramatically improves outcomes and ensures evidence is preserved before it disappears.
What if there was a wet floor sign?
Warning signs don’t automatically defeat slip and fall claims. The sign must be adequate in size and visibility, properly placed to warn of the actual hazard, and the hazard must be one that a person could reasonably avoid despite the warning. A small sign placed far from a large wet area may not provide adequate warning. We evaluate whether warnings were sufficient given the specific circumstances.
How much is my slip and fall case worth?
Case value depends on injury severity, medical expenses, lost income, permanent limitations, and the impact on your daily life. Understanding typical settlement amounts provides general context, though premises liability cases vary significantly based on the specific facts. We provide realistic assessments after reviewing your situation.
What if I fell in a rental property?
Landlords have duties to maintain common areas in safe condition. Tenants injured in hallways, stairways, parking lots, and other common areas may have claims against landlords and property management companies. Claims for conditions inside individual apartments are more complex and depend on lease terms and notice issues.
What evidence is most important in slip and fall cases?
Photos of the hazardous condition taken immediately after the fall are often the most valuable evidence. Incident reports, surveillance footage, witness statements, maintenance records, and medical documentation all support your claim. The key is preserving evidence before it disappears, which is why prompt action matters.
Can I sue if I fell at work?
Workers’ compensation typically covers workplace fall injuries regardless of fault, but it doesn’t compensate for pain and suffering. If a third party other than your employer, such as a property owner or maintenance company, bears responsibility for the hazardous condition, you may have a third-party premises liability claim in addition to workers’ comp benefits.
What if I didn’t report the fall immediately?
Late reporting makes cases more challenging but doesn’t necessarily defeat them. The property owner may argue that the fall didn’t happen as you describe or that your injuries came from something else. We can discuss your specific situation and advise whether a claim remains viable.
How long does a slip and fall case take to resolve?
Timelines vary based on case complexity, injury severity, and whether litigation is necessary. Some straightforward cases with clear liability settle within months. Disputed cases requiring extensive discovery and litigation can take one to two years or longer. Understanding what to expect during a civil case helps you prepare for the process.
Will I have to go to court?
Most slip and fall cases settle before trial. However, if the property owner’s insurance company refuses to offer fair compensation, we’re prepared to try your case before a jury. Our attorneys have actual courtroom experience and prepare every case as if it will go to trial.
What should I bring to my consultation?
Photos of the hazard and your injuries, any incident reports you received, medical records and bills, information about the property where you fell, witness contact information, and your shoes and clothing from the day of the fall if you still have them. Don’t wait until you’ve gathered everything before calling. We can help you obtain documents you don’t have yet.
What if I wasn’t wearing appropriate footwear?
Defense attorneys frequently argue that victims wore inappropriate shoes. This argument may affect comparative fault percentages but doesn’t automatically defeat your claim. Property owners can’t escape liability simply because someone wore high heels or sandals. They still have duties to maintain safe conditions.
Dangerous Locations for Slip and Falls in Rockville Centre
Certain types of locations see more slip and fall accidents due to their nature and the volume of foot traffic they experience.
Grocery stores and supermarkets present constant slip hazards from spilled liquids, dropped produce, leaking refrigeration cases, and wet floors near entrances during inclement weather. The high volume of shoppers means hazards develop frequently, requiring constant vigilance by staff.
Restaurants and bars see falls from spilled drinks, cooking grease tracked from kitchens, wet restroom floors, and poor lighting in dining areas. Rushed staff may not address spills promptly.
Retail stores have hazards from merchandise on floors, torn carpeting, uneven flooring transitions, and inadequate lighting in fitting rooms and storage areas.
Apartment buildings and rental properties see falls on worn stairway carpeting, broken handrails, uneven exterior walkways, and icy parking lots and sidewalks that aren’t properly maintained.
The downtown Rockville Centre commercial district has heavy pedestrian traffic near the LIRR station and along the main business corridors. Sidewalk defects, uneven pavement, and winter ice conditions create fall risks.
Parking lots throughout the village have potholes, cracked pavement, inadequate lighting, and icy conditions that cause falls. Shopping center parking lots are particularly problematic.
Local Resources for Rockville Centre Slip and Fall Victims
Medical Services:
- Mercy Hospital, Rockville Centre, (516) 705-2525
- Mount Sinai South Nassau, Oceanside, (516) 632-3000
- Nassau University Medical Center, East Meadow, (516) 572-0123
Law Enforcement:
- Rockville Centre Police Department, (516) 766-1500
- Nassau County Police Department, (516) 573-7000
Government Services:
- Village of Rockville Centre, (516) 678-9300
Disclaimer: These resources are provided for informational purposes only. Listing does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.
Contact Isaacson, Schiowitz & Korson, LLP
If you’ve been hurt in a slip and fall accident in Rockville Centre, NY, you may have a premises liability claim against the property owner. These cases require prompt investigation to preserve evidence before it disappears, and they require experience to overcome the defenses that property owners and their insurance companies routinely raise.
Our attorneys have handled premises liability cases for decades. We understand what it takes to establish liability and obtain fair compensation for your injuries.
The consultation is free, and there is no obligation. We’ll evaluate your case, explain your legal options, and give you an honest assessment of what your claim may be worth. If you decide to move forward, we handle the case on contingency. You pay no attorney fees unless we recover compensation for you. Contact us today to discuss your slip and fall claim.
