New York Slip and Fall Lawyer

Get medical care first and tell the provider how you fell. Report the fall to the owner, manager or staff and ask for the incident report number. If you can, photograph the exact spot, what made it slippery, any warning signs or the lack of them, and the lighting. Keep the shoes and clothes you wore, write down witness names, and be careful about recorded statements to the owner’s insurer before you get advice.

Against a private owner, landlord or business, a lawsuit generally must be started within three years. If the City of New York may be responsible, a notice of claim must be filed with the Comptroller within 90 days and suit started within one year and 90 days. Claims against the State go to the Court of Claims with their own 90-day rule, and public authorities such as transit or housing authorities have their own statutes. Identify who controlled the spot early.

Generally that a dangerous condition existed; that the defendant owned, occupied or controlled the area (or, for a New York City sidewalk, was the abutting owner responsible for it); that it created the condition or knew or should have known about it in time to fix it or warn you; and that the condition caused your injury. Falling on someone’s property does not by itself make them liable.

Often, yes. A store, restaurant or other business must keep its premises reasonably safe for customers. The usual questions are whether staff created the hazard (for example, mopping without a warning), whether someone reported it, and whether it was there long enough that a reasonable inspection would have found it. Cleaning logs, video and staff testimony often answer those questions.

Damages can include medical expenses, lost earnings and earning capacity, out-of-pocket costs, and pain and suffering, including loss of enjoyment of life. The value depends on the injury, the medical proof, how the injury affects work and daily life, and how strong the proof of notice is. No honest lawyer can give you a number before reviewing the records.

Usually yes. In a fall case your share of fault generally reduces the damages in proportion rather than barring the claim (CPLR 1411). An argument that the hazard was open and obvious is mainly treated as a question of your comparative fault. The 2026 rule that can bar recovery applies to no-fault motor-vehicle injury actions, not to falls on property.

It depends on timing and on who controlled the spot. An owner is generally not liable during a storm in progress or for a reasonable time after it ends; after that, untreated ice can be negligence, and clearing during a storm must not worsen it. On City sidewalks the abutting owner is usually responsible, except at one- to three-family homes that are owner occupied in whole or in part and used only as residences. The four-hour rule carries fines; missing it is evidence, not automatic liability.

Wrist, ankle, hip and other fractures, head injuries from striking the floor or pavement, back and neck injuries, knee and shoulder tears, and soft-tissue injuries. Older adults can face long recoveries from a broken hip. Get examined even if you feel fine, because some injuries show up later.

Notice can be actual (complaints, reports, work orders, staff who saw it) or constructive. New York’s highest court has said a condition must be visible and apparent and must exist long enough before the accident for the owner’s employees to discover and fix it. Video, inspection and cleaning logs, prior complaints and the condition’s appearance (dirt, track marks, a long-running leak) are the usual proof. If the owner or its staff created the condition, notice is not needed.

Not before you understand your injury and your claim. A settlement usually requires a release that ends the claim for good, even if you later need surgery or more treatment. Have the offer reviewed against your medical records, lost income and future care. The decision to settle is always yours.