After a NY Slip and Fall, Beat Insurers and Bills Now

Your First 24-72 Hours: Health and Proof Come First

• Seek medical care immediately and follow the treatment plan. Insurers often point to gaps in care to downplay injuries.
• Report the incident to the property owner/manager promptly and request a written incident report. Keep a copy.
• Preserve evidence: photograph the hazard, lighting, weather, footwear, any warning signs (or lack thereof), and your injuries. Save your clothing and shoes.
• Identify witnesses and secure their contact information. Ask nearby businesses for camera footage; send a written preservation request.
• Organize your records: medical records and bills, out-of-pocket receipts, mileage to appointments, a pain/symptom journal, and documentation of missed work.

New York Liability Basics for Slip and Fall Cases

In New York, property owners and those who control premises must use reasonable care to keep the property reasonably safe for those lawfully on it (Basso v. Miller, 40 N.Y.2d 233 (1976)). To recover, an injured person typically must show the defendant created the dangerous condition or had actual or constructive notice of it. Constructive notice generally requires that the condition was visible and apparent and existed for a sufficient time before the accident to permit discovery and remedy (Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)).

Weather-related falls can trigger the “storm in progress” rule: owners are not required to remedy snow or ice during an ongoing storm, but they may be liable if they create or exacerbate a hazardous condition through snow/ice removal efforts (Solazzo v. NYC Transit Auth., 6 N.Y.3d 734 (2005); San Marco v. Village/Town of Mt. Kisco, 16 N.Y.3d 111 (2010)).

New York also follows pure comparative fault: your compensation may be reduced in proportion to your share of responsibility (CPLR § 1411).

Evidence That Moves Insurers

• Scene evidence: time-stamped photos/video, measurements, weather data, the incident report, and surveillance footage.
• Maintenance and notice: cleaning/inspection logs, work orders, prior complaints, and internal policies.
• Medical proof: diagnostic imaging, specialist notes, treatment plans, and records tying injuries to the fall.
• Economic losses: pay stubs, employer letters, disability notes, and receipts for all accident-related costs.
• Expert support (when needed): biomechanical, medical, and safety experts to explain causation and code compliance.

Dealing with Insurers: Common Tactics and How to Respond

• Quick, low offers: Avoid signing releases or giving recorded statements before you understand your injuries and legal options.
• Disputing notice: Insurers may claim the hazard appeared moments before your fall. Counter with witness timelines, video, and maintenance records.
• Blaming the victim: Expect arguments about footwear, distraction, or warnings. Detailed contemporaneous notes and photos help rebut.
• Medical minimization: Consistent treatment and clear medical narratives are essential. Avoid gaps and follow referrals.

What to Do Now (Checklist)

• Seek prompt medical evaluation and follow-up.
• Write down time, location, lighting, weather, what you were doing, and who saw it.
• Send a preservation letter to the property owner or insurer requesting they retain surveillance footage and maintenance records.
• Avoid social media posts about the incident or your activities.
• Consult a New York premises liability attorney to evaluate liability, preserve evidence, and manage insurer communications.

Potential Compensation

Recoverable damages in New York may include medical expenses, rehabilitation, lost wages and 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, punitive damages may be available where conduct is particularly egregious, subject to New York law and proof.

Deadlines and Notice Requirements

Deadlines depend on who controls the property and the claim type. As general guidance:

• Private defendants: Many negligence claims must be filed within three years (CPLR § 214(5)).
• Municipal entities: A notice of claim is typically required within 90 days (GML § 50-e), and lawsuits often must be commenced within one year and 90 days (GML § 50-i).

Additional or different rules may apply (including for claims against the State of New York and certain public authorities). Because these timelines are strict and exceptions may apply, speak with counsel promptly.

Why Early Legal Help Matters

An attorney can move quickly to secure camera footage before it is overwritten, obtain maintenance records, coordinate expert inspections, and handle all insurer communications. Early involvement can prevent costly missteps, preserve critical proof, and position your claim for stronger negotiation or, if needed, litigation.

What Our Firm Does for Slip and Fall Clients

• Rapid investigation and evidence preservation
• Notice letters to owners and insurers
• Coordination with treating physicians and specialists
• Claims valuation grounded in New York law and medical proof
• Strategic negotiation aimed at full and fair recovery
• Litigation when defendants refuse accountability

Talk to a New York premises liability lawyer

FAQ

Do I have a case if there was a warning sign?

Maybe. A sign does not automatically defeat a claim. Liability depends on whether the warning was adequate, placed properly, and whether the owner used reasonable care under the circumstances.

What if I was partly at fault?

New York uses pure comparative fault, so your compensation may be reduced by your percentage of fault, not eliminated.

How fast must I act if a city or public authority is involved?

Many municipal claims require a notice of claim within 90 days and a lawsuit within one year and 90 days. Do not wait; consult counsel immediately.

Should I give a recorded statement to the insurer?

Not before speaking with an attorney. Statements can be used to minimize your injuries or dispute notice.

What if I slipped in a store but did not file an incident report?

You can still pursue a claim, but gather other evidence quickly, such as photos, receipts, witness information, and preservation requests for video.

How are medical bills handled?

Bills may be paid by health insurance, med-pay, or ultimately out of a settlement or judgment. Keep all bills and explanation-of-benefit forms.

When should I hire a lawyer?

As soon as possible, ideally within days, to preserve evidence and manage deadlines.

How long will my case take?

It varies. Straightforward claims may resolve in months; litigated cases can take longer depending on liability disputes and medical recovery.

What is my case worth?

Value depends on liability, the severity and duration of injuries, medical proof, economic losses, and venue. An attorney can provide a tailored assessment.

What should I bring to a consultation?

Medical records, bills, photos, incident reports, witness contacts, insurance letters, and any correspondence with the property owner.

References

• Basso v. Miller, 40 N.Y.2d 233 (1976)
• Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)
• Solazzo v. NYC Transit Auth., 6 N.Y.3d 734 (2005)
• San Marco v. Village/Town of Mt. Kisco, 16 N.Y.3d 111 (2010)
• CPLR § 1411 (Comparative negligence)
• CPLR § 214(5) (Three-year personal injury limitation)
• GML § 50-e (Notice of claim)
• GML § 50-i (Limitation of time to commence action)

Disclaimer

This blog is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. New York law is fact-specific and subject to change; deadlines and outcomes vary by case. Consult a New York attorney about your specific situation.