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Slip, trip and fall claims in New York County

Manhattan Slip and Fall Lawyer

On a Manhattan block the question is who controlled the exact spot: the building owner, a tenant, a contractor's sidewalk shed, a store, the City or NYC Transit. In winter, timing matters too.

We serve Manhattan from our New York offices and by phone or video. Free consultation, no fee unless there is a recovery.

(516) 227-2662
A worker clears a snow-covered sidewalk with a snow blower on West 47th Street in Manhattan while snow is still falling.

Who is responsible

Who controlled the spot?

Manhattan sidewalks carry sheds, cellar doors, gratings and building entrances within a few feet of each other. Each can belong to someone different.

The sidewalk in front of a building
Usually the abutting owner, who must keep it reasonably safe, including snow and ice.
First deadline: Generally 3 years; no notice of claim (§ 7-210)
Under a sidewalk shed or scaffolding
Possibly the building owner and the contractor that put up or maintains the shed. Who controlled the walkway and knew of the hazard decides it.
First deadline: Generally 3 years
An open cellar door or a sidewalk grating
Usually the owner or the tenant that uses or opened it; how it was guarded and who was responsible for it are the questions.
First deadline: Generally 3 years
A lobby, stairway or hallway
The owner or managing agent; in a co-op or condominium, usually the board for common areas.
First deadline: Generally 3 years
A store, restaurant or office
The business, the building owner, or both, depending on the lease and who created or knew of the hazard.
First deadline: Generally 3 years
Subway stairs, mezzanines and platforms
New York City Transit, if the fall involved its station.
First deadline: Notice of claim, then suit within 1 year 90 days (PAL 1212)
A City park path or City building
Possibly the City of New York; prior-written-notice rules can apply to some paths and streets.
First deadline: Comptroller notice within 90 days (NYC Comptroller)

Prior written notice of a defect is different from the notice of claim. Tripped on a raised flag or grating edge? See trip and fall; for public-body claims, suing a city or municipality.

Pedestrians walking under a white sidewalk shed along a West 57th Street building in Manhattan.

Sheds and cellar doors

Falls under sheds and at cellar doors

A shed can hide a broken flag, drip water that freezes, or leave a dark walkway. The owner and the contractor may both have had control, so we look at permits, inspection records and complaints.

For an open cellar door or loose grating, note the business using it and whether anyone guarded it. If it is safe, photograph it before it is closed or repaired.

Winter

Snow during and after a storm

  1. While it is still snowing. An owner is generally not liable for ice from a storm in progress (Solazzo).
  2. If they clear during the storm. They must not make the hazard worse, though leaving some snow is not enough by itself (Henenlotter).
  3. After it stops. The owner has a reasonable time to act; after that, an untreated sidewalk can be negligence.
  4. The four-hour rule. The City's sanitation rule, not counting 9 p.m. to 7 a.m., carries fines (§ 16-123). Missing it is evidence, not automatic liability. Weather records fix the times.

Deadlines

Who you claim against sets the deadline

These are the usual first deadlines for an ordinary negligence claim for personal injury, generally counted from the day of the fall. Wrongful death and other special claims run on different clocks.

A private owner, landlord, store or other business
No notice of claim. A lawsuit generally must be started within three years of the injury (CPLR 214).
The City of New York
A notice of claim filed with the Comptroller within 90 days of the incident, through eClaim or in person or by mail (email is not accepted), and a lawsuit within one year and 90 days (NYC Comptroller).
New York City Transit (subway stations, stairs and platforms)
A notice of claim under the General Municipal Law 50-e rules, which generally means within 90 days, and a lawsuit within one year and 90 days of the fall (Public Authorities Law 1212). Other transit operators have their own rules.
The New York City Housing Authority (NYCHA)
Notice is served on NYCHA itself, not the Comptroller, under the notice-of-claim rules, and a lawsuit generally must be started within one year and 90 days (Public Housing Law 157).
The State of New York
In the Court of Claims: the claim filed and served within 90 days after it accrues, or a notice of intention served within those 90 days (Court of Claims Act 10).
The injured person is a child
CPLR 208 can extend the time to sue, but notice deadlines against public bodies still need attention right away.

If you were partly at fault. In a fall case your share of fault generally reduces the damages in proportion; it does not bar the claim (CPLR 1411). The 2026 change that can bar recovery applies to no-fault motor-vehicle injury actions, not to falls on property.

An owner may argue the hazard was open and obvious. That removes the duty to warn about it, but not the separate duty to keep the property reasonably safe, and it can bear on your share of fault (Westbrook v WR Activities-Cabrera Markets). A condition that is both open and obvious and not inherently dangerous can defeat a claim.

Premises Liability Results

Results for people hurt on unsafe property

These are the firm's published premises liability results. Not all are slips or trips, and the descriptions do not identify the county or borough, so they are not presented as Manhattan results. Past results do not predict the outcome of another case.

Prior results do not guarantee a similar outcome. Every case depends on its own facts.

See the full verdicts and settlements archive
  • Appellate result

    Michael Licatesi Wins Again in the Appellate Division

    The plaintiff was injured after falling from a defective step at a commercial property. Our Expert Witness provided evidence that the step's slope did not meet regulatory standards, and was a construction defect that the property owner failed to maintain and secure.

    Read the case study
  • $175,000

    $175,000 Settlement

    49 year old fell at a bar with disputed liability resulting in a dismissed case which Michael Licatesi, Esq overturned at the appellate level resulting in a monetary recovery

  • $950,000

    $950,000 RECOVERY

    Co-defendant neighbor aware that spill would flow onto her and is outside warning pedestrians negligently fails to apply salt or otherwise address the dangerous condition

  • $4,000,000

    $4,000,000 Jury Verdict — Overturned Dismissal on Appeal

    $4,000,000 jury verdict secured after overturning a dismissed case on appeal and obtaining a 100% liability finding for the plaintiff who suffered spine surgery as a result of a fall.

  • $225,000

    $225,000 Apartment Building Slip-and-Fall Settlement

    The Licatesi Law Group secured a $225,000 settlement after our client slipped and fell in their apartment building.

  • $250,000

    $250,000 Settlement — Fall at a Burger Restaurant

    Our client was injured after falling due to a dangerous defect at a burger restaurant. We fought to hold the responsible parties accountable and secured a $250,000 settlement for our client.

Meeting with us

Serving Manhattan

We do not have a Manhattan office. We serve Manhattan clients from our New York offices and meet by phone or video. See our Manhattan location page and every office by borough.

Fell in another borough? See Brooklyn, Queens or Bronx slip and fall.

Manhattan neighborhoods we serve include

  • Financial District
  • Tribeca
  • SoHo
  • Greenwich Village
  • Lower East Side
  • Chelsea
  • Midtown
  • Murray Hill
  • Upper East Side
  • Upper West Side
  • Harlem
  • Washington Heights

Questions

Frequently Asked Questions About Manhattan Slip and Fall Cases

Talk to a Manhattan slip and fall lawyer

Tell us the address, what was on the sidewalk or floor and what the weather was. We will explain who may be responsible, which deadline applies and what to request before it is repaired. The consultation is free.

(516) 227-2662

What to bring

  • Address and exact spot
  • Photos of the shed, door, surface or stairs
  • Report number and witness names
  • Medical records so far

Photo credits: Snow blower on West 47th Street by Jim.henderson, CC BY 3.0, cropped and resized; Sidewalk shed at 205 West 57th Street by Jim.henderson, CC BY-SA 4.0, cropped and resized.