A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Slip and Fall Lawyer in Kensington, New York

Kensington Injury Help

Your Guide to Slip and Fall Claims

If you or a loved one suffered a slip and fall in Kensington, this page explains what to expect when pursuing a personal injury claim and how The Ahearne Law Firm PLLC can assist. Slip and fall incidents can happen anywhere, from storefronts to apartment hallways, and the aftermath often involves medical care, lost time at work, and complex interactions with property owners and insurers. Allan J. Ahearne, Jr. and our team focus on clear communication, practical next steps, and timely action. For immediate help or to schedule a consultation, call (845) 986-2777 and we will discuss your situation promptly and respectfully.

This guide covers common causes of slip and fall accidents, how liability is determined in New York, and the steps to preserve evidence and protect your rights. We highlight what to document at the scene, typical medical and legal timelines, and how settlement discussions generally unfold. While each case is different, understanding the process can reduce uncertainty and help you make informed decisions about medical care, deadlines, and communication with insurers. Our goal is to provide straightforward information so you can pursue recovery for medical bills, pain and suffering, and other losses with confidence and clarity.

How a Slip and Fall Claim Helps You Recover

Pursuing a slip and fall claim can help you secure compensation for medical treatment, ongoing care, lost wages, and non-economic harms such as pain and loss of enjoyment of life. Beyond financial recovery, an effective claim can hold property owners accountable for hazardous conditions and encourage safer maintenance practices. The claims process also helps document the incident thoroughly, which is important when injuries evolve over time. Having clear legal guidance throughout filing, evidence collection, and negotiations reduces the chance of missed deadlines or avoidable mistakes and helps you focus on recovery and rehabilitation.

Ahearne Law Firm and Attorney Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC serves clients throughout the Hudson Valley and New York, assisting individuals who have been injured in slip and fall incidents. Allan J. Ahearne, Jr. leads the team, focusing on effective case management, clear client communication, and practical strategies tailored to each claim. The office prioritizes understanding the medical and financial impacts of injuries and works to identify all available avenues for recovery. From early documentation to settlement discussions or litigation when necessary, the firm aims to guide clients through each phase with attention to detail and responsiveness to client needs.

Understanding Slip and Fall Claims in Kensington

Slip and fall claims typically involve proving that a property owner or manager had actual or constructive knowledge of a dangerous condition and failed to take reasonable steps to address it. In New York, claims hinge on the property owner’s duty to maintain safe premises, which may vary depending on whether the location is private, commercial, or public. Evidence such as photos, witness statements, maintenance records, and surveillance footage can be critical. Prompt collection of information after an incident strengthens a claim, and seeking medical attention ensures both your health and documentation of injuries and their severity.

Liability and damages in slip and fall cases consider the specifics of the hazardous condition, how long it existed, and whether the owner took reasonable precautions to prevent harm. Comparative fault rules may reduce recovery if an injured person’s own actions contributed to the accident, so careful fact gathering and clear timelines are important. Insurance companies will evaluate medical records, incident reports, and witness accounts to assess responsibility and value. Understanding these factors helps set realistic expectations about timeframes for resolution and the types of evidence that will matter most when pursuing compensation.

Need More Information?

Key Terms and Glossary for Slip and Fall Cases

Duty of Care

Duty of care refers to the legal obligation property owners and occupiers have to maintain safe conditions and to warn visitors about hazards they should not reasonably be expected to discover. This duty varies by context: property open to the public typically requires routine inspections and repairs, while private residences may have different expectations for invited guests. Establishing duty of care is a foundational step in a claim because it frames what actions the owner should have taken to prevent the injury. Demonstrating a breach of that duty, along with causation and damages, is necessary to pursue recovery in a slip and fall matter.

Comparative Fault

Comparative fault is the legal concept that evaluates each party’s share of responsibility for an accident and adjusts recovery accordingly if the injured person is found partially at fault. In New York, recovery may be reduced in proportion to the injured person’s percentage of fault. This means that even if the property owner bears primary responsibility, actions by the injured person, such as failing to watch for hazards or ignoring warnings, can affect the final award. Understanding comparative fault highlights the importance of accurate facts and witness accounts to fairly represent how the incident occurred.

Notice

Notice refers to whether a property owner knew or should have known about a dangerous condition before an incident occurred. Actual notice means the owner had direct knowledge of the hazard, while constructive notice indicates the condition existed long enough that regular inspections should have revealed it. Proving notice often relies on maintenance logs, employee testimony, or evidence of ongoing problems in the same area. Establishing notice is central to showing that the owner had the opportunity to fix the problem or warn visitors, which supports a claim of negligence.

Damages

Damages are the monetary compensation sought for losses resulting from a slip and fall injury, including medical expenses, lost income, and non-economic harms such as pain and diminished quality of life. Calculating damages requires documentation of medical treatment, receipts, employment records, and credible statements about the impact on daily activities. Future medical needs and ongoing care plans can also factor into valuation when supported by medical opinions. Presenting a clear record of both economic and non-economic losses helps secure fair consideration during settlement negotiations or trial.

PRO TIPS

Document the Scene Immediately

If you are able, take photographs of the location, the hazard that caused your fall, and any visible injuries as soon as possible so that details are preserved. Collect contact information from witnesses and note environmental conditions such as lighting, weather, or recent maintenance activity to strengthen later accounts of the incident. This early documentation often provides critical context for medical providers and insurers and reduces reliance on faded memories when questions arise about what occurred.

Seek Prompt Medical Care

Getting evaluated by a healthcare professional right away ensures your injuries are treated and creates a medical record that links treatment to the incident, which is important for a claim. Even injuries that seem minor at first can worsen over days or weeks, and prompt attention helps track symptoms over time to show progression if needed. Maintaining copies of records, test results, and treatment plans will support accurate assessment of the medical and financial impact of the injury.

Preserve Records and Communications

Keep receipts, medical bills, correspondence with insurers, and any incident reports filed with property management or law enforcement in one safe place to ensure nothing is overlooked. Document conversations by noting dates, names, and summaries of what was discussed so you can recall important details later in the claims process. Consistent record keeping streamlines negotiations and provides a clear timeline of events and expenditures related to the injury.

Comparing Legal Approaches for Slip and Fall Claims

When a Full Case Approach Is Advisable:

Serious or Long-Term Injuries

A comprehensive approach is often appropriate when injuries require extended medical care, rehabilitation, or ongoing treatment that affects future earning capacity and quality of life. In such situations detailed evidence gathering, retention of medical opinions, and careful calculation of future costs are necessary to fully reflect the claim’s value. Investing time early to document prognosis, long-term needs, and economic impact helps ensure that settlement discussions account for the full scope of present and future losses.

Disputed Liability or Complex Evidence

If the property owner or their insurer disputes responsibility, a thorough approach that collects surveillance footage, maintenance records, and witness statements can be essential to proving a claim. Complex cases may require additional investigation into prior complaints, building inspection reports, or expert analysis related to building conditions and safety protocols. Building a comprehensive factual record allows for stronger negotiation leverage and, if necessary, prepared presentation in court to support fair recovery.

When a Focused or Quick Resolution May Work:

Minor, Clearly Documented Injuries

When injuries are minor and medical records clearly reflect treatment directly tied to the incident, a focused approach aimed at swift negotiation can resolve the matter efficiently without lengthy investigation. Prompt documentation and clear liability indicators often make it possible to reach a reasonable settlement with less need for extensive discovery or litigation. This path prioritizes timely resolution, allowing injured individuals to move forward while recovering compensation for immediate expenses and short-term impacts.

Cooperative Property Owners or Insurers

If the property owner acknowledges responsibility or their insurer promptly offers a fair resolution based on the records provided, an efficient, targeted negotiation can secure compensation without prolonged proceedings. In those cases focused documentation, a clear demand package, and responsive communication can achieve a timely settlement. Choosing this route can reduce stress and legal costs while ensuring immediate needs such as medical bills are addressed quickly.

Common Slip and Fall Situations in Kensington

Wet or Slippery Floors

Spills, recently mopped surfaces, or rain tracked in from outside often create slick conditions in stores and lobbies that lead to falls and injuries. When such hazards are not marked or quickly addressed, they pose a serious risk to visitors and can form the basis of a premises liability claim if the property owner failed to take reasonable precautions.

Uneven Surfaces or Broken Steps

Cracked sidewalks, missing tiles, or broken stair treads create trip hazards that visitors may not anticipate and can result in significant injury. Property owners have an obligation to maintain walkways and stairs safely, and persistent defects that are not repaired or properly marked often contribute directly to accidents.

Poor Lighting and Visibility

Insufficient lighting in hallways, stairwells, or parking areas can prevent people from seeing hazards until it is too late, increasing the likelihood of falls. Owners who fail to correct or warn about low visibility may be accountable when hazardous conditions cause injury.

Kensington Slip and Fall Attorneys Serving Nassau County

Why Clients Choose Ahearne Law Firm for Slip and Fall Matters

Clients turn to The Ahearne Law Firm PLLC for attentive case handling, clear communication, and an emphasis on practical results tailored to individual needs. Allan J. Ahearne, Jr. and the team prioritize understanding each client’s medical and financial situation, creating a plan that addresses immediate concerns and longer term impacts. We work to gather the necessary evidence, coordinate with medical providers, and present claims in a way that supports fair consideration by insurers and opposing parties, while keeping clients informed throughout the process.

From initial intake to settlement discussions or courtroom representation when needed, our office emphasizes responsiveness and personalized service. We assist with preserving crucial records, negotiating appropriate medical liens, and making sure that billing and recovery matters are handled efficiently. Our approach aims to reduce stress for clients during recovery by managing administrative tasks so individuals can focus on getting better and resuming normal activities.

Contact Us for a Free Case Review

People Also Search For

Kensington slip and fall lawyer

Nassau County slip and fall attorney

slip and fall claim Kensington NY

personal injury Kensington

trip and fall legal help

premises liability Nassau County

Ahearne Law Firm slip fall

Allan J. Ahearne Kensington

FAQS

What should I do immediately after a slip and fall in Kensington?

Seek medical attention as soon as possible, even if you believe your injuries are minor, because some conditions reveal themselves over time and prompt documentation strengthens any later claim. Photograph the scene, the hazard, and your injuries; get contact information for witnesses and report the incident to property management or staff so there is an official record. Keep a copy of any incident reports and medical records, and preserve clothing or footwear involved in the fall as potential evidence. After taking immediate steps for safety and documentation, contact our office to discuss your next actions and timelines. We can help identify what evidence to gather, advise on communications with insurers, and explain how to secure and preserve important records. Handling these matters early increases the chance of a complete and accurate record of what happened and supports a stronger claim for recovery.

How long do I have to file a slip and fall claim in New York?

In New York, the statute of limitations for most personal injury claims, including slip and fall matters, generally requires filing a lawsuit within three years from the date of the injury, though exceptions and specific circumstances can alter that timeline. Missing this deadline can prevent you from pursuing compensation through the court system, which is why early evaluation and timely action are important. If the incident occurred on certain types of public property or under unique conditions, different notice requirements and time limits may apply. Because each case can involve different deadlines, it is advisable to consult promptly to determine applicable time frames and any preliminary steps required to preserve your rights. Our office can review the facts and help ensure any necessary filings or notices are completed on time, preventing avoidable procedural hurdles that could impact your ability to recover for medical bills, lost income, and other losses.

Will the property owner’s insurance cover my medical bills?

Property owners commonly carry liability insurance that may cover injuries sustained on their premises, and insurance companies often handle the investigation and any settlement discussions on the owner’s behalf. Coverage and the scope of payment depend on the policy terms, whether the owner was negligent, and whether the injured person’s own actions affected the outcome. Insurance may address medical bills, lost wages, and other damages, but insurers will evaluate liability and may dispute parts of a claim to limit payment. To navigate interactions with insurers it is helpful to have clear, documented evidence and experienced guidance when making or responding to settlement offers. Our office can assist by organizing medical records and bills, preparing demand materials, and communicating with insurers in a way that seeks a fair resolution while protecting your rights during negotiations. We also help review settlement proposals to ensure they account for both current and anticipated future needs.

How is liability determined in a slip and fall case?

Liability in a slip and fall case is determined by whether the property owner had a duty to maintain safe conditions, breached that duty by failing to remedy or warn about a hazard, and whether that breach caused your injury. Demonstrating responsibility often requires evidence that the hazard existed long enough for the owner to become aware of it or that the owner actually knew about the condition. Context matters, including the type of property, the nature of the hazard, and any prior complaints or maintenance records. Witness statements, incident reports, maintenance logs, photographs, and any surveillance footage can help establish what happened and who is responsible. A clear causal link between the hazardous condition and the injury, supported by medical records and contemporaneous documentation, strengthens the claim. If fault is disputed, careful factual development and presentation of the sequence of events is necessary to support recovery.

What kind of evidence is most helpful after a fall?

Photographs of the hazard and surrounding area, medical records and bills, witness contact information and statements, and any incident reports filed at the scene are among the most useful evidence in a slip and fall case. Surveillance footage, maintenance logs, and records of prior complaints or repairs are also valuable for showing notice or a pattern of neglect. Preserving physical evidence such as torn clothing or a damaged shoe can add context to injuries and the mechanics of the fall. Detailed notes made soon after the incident describing conditions, lighting, weather, and any comments from property staff provide context that complements other records. Timely and organized documentation makes it easier to present a clear narrative to insurers or a court and supports accurate assessment of damages related to medical care, lost earnings, and other losses.

What if I was partly at fault for my fall?

New York applies comparative fault principles, meaning recovery may be reduced in proportion to any responsibility attributed to the injured person. If a judge or jury finds that the injured person is partly at fault, the total award is adjusted to reflect that share of responsibility. This underscores the importance of documenting the scene and obtaining witness statements that accurately reflect what happened to minimize the impact of any disputed facts. Even when partial fault is assigned, recovery is often still possible, and careful case preparation can mitigate the reduction in damages. Presenting a thorough account of the event, medical records, and evidence of hazardous conditions helps show the full picture so that liability and damages are fairly apportioned during settlement discussions or litigation.

Do I need to see a doctor if I feel fine after the fall?

Yes, it is important to see a doctor even if you feel fine after the fall, because some injuries such as soft tissue damage, internal trauma, or delayed onset pain can manifest later and require diagnosis and treatment. A medical evaluation creates an official record linking treatment to the incident, which is essential for documenting the nature and extent of injuries for any claim. Prompt care also protects your health and supports timely medical intervention when needed. Maintaining copies of all medical records, test results, and treatment notes helps establish a clear timeline and demonstrates the relationship between the fall and subsequent care. This documentation is useful not only for medical management but also for demonstrating the scope of damages during settlement negotiations or in court, so initial and follow-up visits are important even when symptoms seem minimal at first.

How are pain and suffering damages calculated?

Pain and suffering damages compensate for non-economic losses such as physical pain, emotional distress, and loss of enjoyment of life, and they are typically assessed based on the severity and duration of the injury, the impact on daily activities, and medical evidence. Unlike medical bills, these damages are less tangible and often require careful presentation of medical records, testimony about daily limitations, and sometimes statements from family members or other witnesses who can speak to the change in quality of life. Insurers and courts evaluate the full impact of injuries when considering non-economic awards. Documentation such as treatment notes showing persistent symptoms, therapy records, and personal journals describing the effect on routines can strengthen claims for pain and suffering. While there is no exact formula, presenting a consistent narrative supported by medical care and credible witness accounts improves the likelihood that non-economic harms will be fairly considered in settlement or trial.

Can I still recover if the hazard was temporary?

Temporary hazards like a recent spill or temporary obstruction can still support a claim if the property owner failed to notice and address the condition in a reasonable time or did not provide adequate warnings to visitors. Even short-lived dangers can lead to liability when the owner’s inspection routines or maintenance practices are inadequate, or when staff failed to clean up or mark the hazard. Evidence such as witness statements, surveillance footage, and records showing lack of timely maintenance can be important in these cases. Prompt documentation and obtaining witness contact information are especially important for temporary hazards, as these conditions can be corrected or disappear quickly. Early action to preserve evidence and create a clear record of the incident supports asserting responsibility and pursuing compensation for medical expenses and other losses resulting from the fall.

How do I begin the claims process with The Ahearne Law Firm?

Starting the claims process begins with a confidential conversation where we gather basic details about the incident, the injuries, and any evidence you have collected so far, including photos, medical records, and incident reports. During that initial review we will explain likely timelines, potential obligations such as preserving evidence, and what types of documentation will support your claim. This initial step helps clarify the path forward and sets expectations about communication and next actions. If you decide to proceed, our office assists with organizing records, communicating with medical providers and insurers, and preparing demand materials or filings when necessary. We will keep you informed at every stage and coordinate the administrative tasks so you can focus on recovery, while we handle negotiations and any procedural work required to pursue fair compensation on your behalf.

Personal Injury Services in Kensington

Explore our injury practice areas

⚖️ All Personal Injury Services