Hurt in a NYC Slip and Fall? Claim Maximum Compensation
If you were injured in a New York City slip and fall, you may be able to recover medical costs, lost income, and pain and suffering. New York uses pure comparative negligence, so your recovery can be reduced by your share of fault (CPLR § 1411). For many NYC sidewalks, adjacent property owners bear responsibility with exceptions for certain one- and two-family, owner-occupied homes (see NYC DOT: Sidewalk Responsibility). If a public entity is involved, additional steps and shorter deadlines apply, including a 90-day notice of claim for many NYC tort claims (NYC Comptroller; GML § 50-e).
What To Do Right After a Slip and Fall
- Get medical care promptly and follow your provider’s instructions.
- Report the incident to the property owner/manager or appropriate agency and request a copy of the report.
- Photograph the scene: the hazard (liquid, debris, broken step, snow/ice), lighting, warning signs (or lack of them), and your injuries.
- Preserve evidence: save your shoes and clothing; keep receipts or records showing where you were headed; note any surveillance cameras.
- Collect witness names and contact information.
- Avoid giving recorded statements or signing broad medical releases before speaking with counsel.
Who May Be Liable in New York Slip and Fall Cases
Potentially responsible parties can include private landlords and businesses, commercial tenants, property managers, contractors, maintenance companies, and, in some cases, the City of New York, other municipalities, or public authorities. Liability generally turns on whether a party created the hazardous condition, knew about it, or should have known about it through reasonable inspections, and whether they failed to fix or warn within a reasonable time.
New York’s Comparative Fault Rule
New York follows a pure comparative negligence system: your damages are reduced in proportion to your percentage of fault, but you are not barred from recovery solely because you share responsibility (CPLR § 1411). Defense arguments often focus on footwear, distractions, clear warnings, or hazards claimed to be open and obvious. Early investigation and documentation can help address these issues.
Special Rules for Snow and Ice, Sidewalks, and Stairs
- Sidewalks (NYC): For many sidewalks, adjacent property owners are responsible for maintenance and may be liable for injuries, with exceptions for certain one- and two-family, owner-occupied residential properties used exclusively for residential purposes (see NYC DOT guidance).
- Snow and ice: Liability often depends on whether the owner had a reasonable time to address the condition after a storm and whether precipitation was ongoing (the “storm in progress” doctrine). See, for example, Solazzo v. New York City Tr. Auth., 6 N.Y.3d 734 (2005).
- Stairs and handrails: Claims may involve building and property maintenance codes and whether conditions deviated from applicable standards. An attorney can assess which rules apply to your facts.
Practical Tips to Strengthen Your Case
- Write down what happened within 24 hours while details are fresh.
- Send a preservation letter to request surveillance footage be saved.
- Keep a pain journal tracking symptoms, treatment, and missed activities.
- Follow up on all referrals (PT, imaging, specialists) to avoid treatment gaps.
Slip and Fall Claim Checklist
- Medical evaluation within 24–48 hours
- Incident reported and report copy requested
- Photos/videos of hazard and injuries saved
- Witness names and contact info recorded
- Shoes and clothing preserved in a bag
- Preservation request sent for cameras and logs
- All medical bills and wage records organized
- Consultation scheduled with a New York attorney
Claims Against the City or Other Public Entities
Claims involving City-owned property, public sidewalks under City responsibility, schools, transit facilities, or other public authorities have additional procedural steps and shorter time limits than typical private claims. For many NYC tort claims, a Notice of Claim must be served within 90 days (GML § 50-e), and lawsuits must generally be commenced within one year and 90 days (GML § 50-i), subject to exceptions and different rules for certain entities or claim types. See the NYC Comptroller’s instructions for filing claims against the City (How to File a Claim). Prompt legal guidance is important to avoid missing these steps.
Evidence That Strengthens Your Claim
- Incident reports, photographs, and videos
- Witness statements and contact information
- Weather data and surveillance footage
- Maintenance/cleaning logs, inspection records, prior complaints
- Medical records linking injuries to the fall
- Proof of economic losses (wage statements, bills, out-of-pocket costs)
Requesting preservation of video and records as early as possible can be critical.
What Compensation Can Include
Damages in a New York slip and fall case may include medical expenses, future medical needs, lost wages, diminished earning capacity, out-of-pocket costs, and non-economic damages such as pain and suffering and loss of enjoyment of life. In limited circumstances, other damages may be available depending on the facts and applicable law.
How Insurers Evaluate Slip and Fall Claims
Insurers assess notice of the hazard, how long it existed, maintenance practices, code compliance, medical history and treatment gaps, and any comparative fault. Documenting your medical care, following treatment plans, and preserving evidence typically improves your position. Avoid signing broad medical authorizations without legal advice.
Why Timing Matters
Deadlines vary based on the defendant (private vs. public entity) and the type of claim. Claims against municipalities and public authorities can have earlier, additional notice requirements—often as short as 90 days for a notice of claim in many NYC tort matters (GML § 50-e). Because these limits are strict and fact-specific, speak with counsel promptly to protect your rights.
How a Lawyer Can Help
We investigate promptly, identify all responsible parties, send preservation letters, gather and analyze evidence, consult with experts when needed, calculate damages, and negotiate with insurers. If a fair resolution is not possible, we prepare and file suit and advocate for you through litigation and trial.
FAQ
How long do I have to file a slip and fall lawsuit in New York?
For many private defendants, the general statute of limitations for negligence is three years, but claims against public entities often require a notice of claim within 90 days and suit within one year and 90 days. Deadlines can vary; consult counsel promptly.
Do I have a case if I was partly at fault?
Yes. Under New York’s pure comparative negligence, your compensation is reduced by your percentage of fault, but you are not barred from recovery.
What if the property had a warning sign?
A warning sign may affect liability and comparative fault, but it does not automatically defeat a claim if the warning was inadequate or the hazard should have been corrected.
Who is responsible for NYC sidewalks?
Often the adjacent property owner, with exceptions for certain one- and two-family, owner-occupied residential properties used exclusively for residential purposes.
Next Steps
Have questions about a slip and fall in NYC? Contact us for a free, confidential consultation. We can assess your case, explain your options, and map out a strategy to pursue full and fair compensation.