New York City Slip and Fall

A slip/trip and fall case arises when a person is injured because a walking surface (interior floor or outside surface) contains a dangerous condition (water, ice, oil, soap, holes, cracks, other defects) that causes a person to slip or trip and then fall or get knocked off balance.

What are the Elements of a Slip/Trip and Fall Case?

If you slip/trip and fall and are injured because of a condition on property, you will have to show the owner of the property was negligent in dealing with the condition—that is, that the owner either caused and created the condition, or knew or should have known about the dangerous condition on the property and failed to fix it, rope it off, warn of the condition, or clean it (or if it was cleaned, it was cleaned in a way that did not fix it or made the condition worse).

Examples: In each of the following, if the property owner had notice of the condition and failed to do anything about it (or took action but did so in a way that failed to adequately address the condition), the injured person may be able to recover for a slip/trip and fall claim.

• You are in a store, and there is water on the floor. The owner knows or should know about the water and has done nothing to clean it. You slip on the water and fall, injuring yourself.
• You are in the grocery store’s produce aisle, and some bananas have fallen to the ground. Others have walked on them, smashing them and creating a slick area. Although the store employs people to police aisles for spills, on this day, nobody has done the job. You slip on the banana slick and injure yourself.
• You are in an office building, and the floor has just been mopped with a cleaning solution that makes the floor slippery. There is neither a warning sign, a rope around the slippery area, nor a carpet to help people avoid that area. You slip, fall, and injure yourself.
• You are walking on a sidewalk after a snowstorm. Whether or not the sidewalk has been cleared of the resulting snow and ice, you decide that it is reasonable to walk on the sidewalk. You then slip and fall, injuring yourself.
  • Although slip and fall on ice cases can be difficult to prove and are often considered mere accidents, in this situation the municipality or adjacent landowner could be liable either for failing to clear the snow and/or ice, or because they took it upon themselves to clean the surface—which was an invitation to walk on it—but did a poor job and created or left a dangerous condition for pedestrians.

Note that in any of the above cases, if the property owner does not have notice of a dangerous condition or could not have known about the condition, it can be difficult to prove negligence in failing to address the condition. And in a snow and ice situation, if snow is falling or has just finished falling when a person slips and falls, it is very difficult to claim negligence, as landowners are generally not required to clear snow and/or ice during an ongoing storm.

What to Do If You Have Been Injured Due to a Slip and Fall?

If you’ve been injured in a slip and fall accident in New York, the first thing you should do is seek medical attention, even if your injuries seem minor. Some injuries, like soft tissue damage or concussions, may not be immediately apparent but can become more serious over time. Getting checked by a doctor ensures your injuries are properly documented, which will be important if you decide to pursue legal action later. Make sure to keep detailed records of all medical visits, treatments, and related expenses.

Next, you should gather as much evidence as possible from the scene of the accident. If you’re able, take photos of the hazardous condition that caused your fall, such as a wet floor, broken step, or icy sidewalk. Take photos close up enough to show the nature of the dangerous condition, but also take photos from far enough away that someone not familiar with the location can objectively determine the location of the incident (e.g., by showing the condition with a storefront or building address in the background). If there are any witnesses, get their contact information, as their statements may be vital in proving liability. Additionally, write down everything you remember about the accident, as details can fade from your memory over time. This information will be helpful when filing a claim and pursuing a case.

Once you’ve received medical attention and gathered evidence, it’s important to contact an experienced slip and fall attorney as soon as possible. New York has strict deadlines for filing claims, and an attorney can help you navigate the legal process. If the accident occurred on government property, for instance, you must file a Notice of Claim within 90 days. A lawyer will ensure that you meet the necessary timelines. An attorney will also handle communication with insurance companies and advise you on the best course of action, whether it’s negotiating a settlement or moving forward with a lawsuit. Taking these steps promptly can help protect your rights and maximize the chances of securing fair compensation.

Who is Liable in a Slip and Fall Accident?

In New York, determining liability in a slip and fall accident revolves around proving that the property owner or responsible party was negligent in maintaining the premises and that this negligence directly caused the injury. To establish liability, the injured party (plaintiff) must demonstrate that the property owner either caused and created the dangerous condition, or that they knew about (or should have reasonably known about) the hazardous condition that led to the accident but failed to properly repair or address the condition. This could be something like an unmarked wet floor, a poorly lit stairwell, or an icy sidewalk. The key question is often whether the owner had sufficient time to address the dangerous condition, yet failed to do so. If the hazard was present long enough that the owner should have noticed and fixed it, they may be held liable for the accident.

The plaintiff must also show that the hazardous condition directly contributed to the fall. This means proving causation—essentially linking the dangerous condition to the injury sustained. For example, if a person slips on a puddle of water and breaks their ankle, it needs to be shown that the water on the floor was the primary cause of the fall and the resulting injury. Causation is not always obvious, and does not always come from the most likely source in a slip and fall case. For example, if a person slips on a liquid on a staircase, and is unable to keep from falling due to a missing or defective handrail, the person may still have a viable case. Even if they are unable to prove the landowner caused and created the slippery condition, or that they knew of (or should have known of) the slippery condition but failed to address it, they failed to provide an adequate handrail. It could be argued that this failure directly contributed to the fall. In New York, something called “comparative negligence” could come into play, meaning that if the injured party is found partially at fault for the accident (for example, by not paying attention or by wearing improper footwear), their compensation could be reduced in proportion to their degree of fault.

New York law also allows for a property owner to be held liable for accidents occurring on municipal or government-owned properties, although this process is more complex. In cases involving city-owned property or government entities, the injured party must file a Notice of Claim within 90 days of the accident to maintain their right to sue. If a slip and fall happens on government property, the plaintiff must prove not only that the hazardous condition existed, but that the government agency either caused and created the hazardous condition, had prior knowledge of the condition, or should have known about the condition through regular maintenance procedures but failed to address it.

What Are the Statutes of Limitations For Slip and Fall Cases?

In New York, the time limit to file a slip and fall claim is three years–however, there are some exceptions to this rule. The statute of limitations for a slip and fall claim may depend on the type of property where the accident happened.

If you were injured in a slip and fall on privately owned property—such as a residential home, apartment building, or business—you generally have three years from the date of the accident to file a lawsuit for premises liability. A common example would be a sidewalk covered in ice that a property owner or landlord failed to clear.

However, if the slip and fall occurred on public property, such as a building owned by the New York City Housing Authority or a New York City Transit Authority station, the time limits are much stricter. In these cases, you must file a Notice of Claim within 90 days of the accident, detailing the incident and the agency’s responsibility. This notice is a crucial step to preserve your right to pursue legal action.

In addition to filing the Notice of Claim, you must file a formal lawsuit in court against the appropriate government entity within one year and 90 days after the date of the accident. As cases against governmental entities are often more complex than other cases, it is strongly recommended that you consult with a qualified attorney as soon as possible to discuss these types of cases.

In the rare cases where a slip and fall results in death, the victim’s surviving family members may be eligible to file a wrongful death lawsuit against the defendant. For a wrongful death suit, the statute of limitations is two years from the date of death, not the date of the injury that resulted in the death.

What Damages Can You Recover After a Slip and Fall Accident?

After a slip and fall accident in New York, a plaintiff may be entitled to various types of damages, depending on the extent of their injuries and the circumstances of the case. Economic damages are intended to compensate for tangible losses. These can include medical expenses for treatment, surgeries, physical therapy, and any future medical care that might be necessary as a result of the injury. Additionally, lost wages for any time the plaintiff is unable to work, as well as future earning potential if the injury causes long-term disability, can be included in this category.

Non-economic damages are awarded for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages reflect the physical and mental toll the injury has taken on the plaintiff. If the injury has caused ongoing pain, difficulty in performing daily activities, or emotional issues like depression or anxiety, the court may award compensation for these effects. In some cases, punitive damages might also be considered if the property owner or responsible party’s actions were particularly reckless or grossly negligent, though these are rare in slip and fall cases.

Ultimately, the specific damages awarded will depend on the severity of the injury, the impact it has on the plaintiff’s life, and the circumstances surrounding the accident. An experienced personal injury attorney can help ensure all potential damages are considered when filing a claim.

How Can a Slip and Fall Attorney Help You?

An experienced slip and fall attorney can be invaluable when navigating the complexities of a slip and fall case in New York. One of the primary ways an attorney can assist is by thoroughly investigating the incident to determine who is responsible for the injury. This may involve gathering evidence such as surveillance footage, witness statements, maintenance records, and photographs of the accident scene. A skilled attorney will know how to assess these details and identify any negligence. They can also help establish the legal responsibility of property owners, whether private individuals, businesses, or municipal entities.

In addition to gathering evidence, an experienced attorney can help ensure that all legal deadlines and procedural requirements are met. For instance, in cases involving government entities, such as accidents on public sidewalks or buildings, the attorney will know how to file a Notice of Claim within the strict 90-day deadline to preserve your right to file a lawsuit. They will also understand the intricacies of New York’s statute of limitations, ensuring that your case is filed in time and that you don’t lose your chance for compensation due to an overlooked deadline.

Finally, a skilled slip and fall lawyer will be able to negotiate with insurance companies on your behalf. Insurance adjusters often attempt to minimize payouts or deny claims altogether. An attorney can advocate for your rights, gather the necessary documentation to support your case, and ensure you receive a fair settlement. If a settlement cannot be reached, your lawyer will be prepared to take the case to trial and fight for the compensation you deserve.

Request a Consultation with a Seasoned NYC Slip and Fall Attorney

The window for filing a claim to recover damages for personal injury can be very short. Regardless of age or circumstance, engaging the services of a knowledgeable personal injury attorney can be invaluable. Contact us today to request a referral to one of our screened and qualified New York City Bar Legal Referral Service (LRS) lawyers.

Legal Editor: Steven Herschkowitz, March 2025