New York Slip and Fall: Prove Negligence, Get Paid

What You Must Prove in a New York Slip-and-Fall Case

To recover compensation in a New York slip-and-fall, you must establish negligence: duty, breach, causation, and damages. In premises liability cases, plaintiffs typically show the owner or possessor created the hazard, had actual notice of it, or had constructive notice of it. For constructive notice, New York’s highest court requires that the condition be visible and apparent and exist for a sufficient length of time to be discovered and remedied with reasonable care (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)).

Notice: Creation, Actual Notice, or Constructive Notice

You can prove negligence by showing the owner or possessor:

• Created the hazardous condition;
• Had actual notice—someone reported it or the owner otherwise knew; or
• Had constructive notice—the condition was visible and apparent and existed long enough that it should have been discovered and corrected with reasonable inspections (Gordon).

Common Hazard Scenarios

Slip-and-fall claims often involve:

• Wet or freshly mopped floors without warnings
• Tracked-in snow or rain
• Uneven or broken steps; loose handrails
• Cracked or heaving sidewalks
• Poor lighting
• Debris or cords in walkways
• Spilled food or liquids in supermarkets or restaurants

Each scenario turns on proof of notice and the reasonableness of inspections, cleaning, or repairs under the circumstances.

Comparative Negligence Can Reduce Your Recovery

New York follows a pure comparative negligence rule. If you are found partly at fault—such as ignoring warning signs, wearing footwear ill-suited to conditions, or walking while distracted—your compensation may be reduced by your percentage of fault, but recovery is not barred (N.Y. C.P.L.R. § 1411).

Evidence That Strengthens Your Case

• Photos or video of the hazard as it existed at the time of the fall
• Incident reports completed with the business or property manager
• Witness names, contact information, and statements
• Prompt requests to preserve surveillance footage
• Maintenance, cleaning, and inspection logs
• Weather data for snow/ice claims (timing of storms, melt/refreeze)
• Medical records connecting injuries to the fall
• Footwear and clothing preserved in the same condition
• Proof of prior complaints or similar incidents on the premises

Special Rules for Snow and Ice

For exterior slip-and-fall cases involving snow and ice, New York applies the “storm in progress” doctrine: property owners generally are not required to remove snow or ice while a storm is ongoing, but must act within a reasonable time after it ends. Evidence about when precipitation began and ended and what steps were taken to salt, sand, or shovel is often critical (see Santiago v. New York City Hous. Auth., 139 A.D.3d 844 (2d Dep’t 2016)).

Sidewalk Cases and Who Is Responsible

Responsibility for sidewalks in New York depends on location and local laws. In New York City, abutting property owners are generally responsible for maintaining sidewalks in a reasonably safe condition, with statutory exceptions (e.g., certain owner-occupied one-, two-, or three-family residential properties used exclusively for residential purposes). See N.Y.C. Admin. Code § 7-210 and the NYC Department of Transportation’s guidance (NYC DOT—Sidewalk maintenance responsibility). Outside NYC, rules can vary by municipality. Identifying the correct party—commercial tenant, building owner, managing agent, or municipality—is a key early step.

What To Do Right After a Fall

• Report the incident to the owner or manager and request an incident report
• Photograph the hazard and surrounding area immediately
• Ask for names and contact details of witnesses
• Preserve footwear and clothing and avoid washing or altering them
• Seek prompt medical care and follow treatment instructions
• Avoid giving detailed statements to insurers before speaking with counsel
• Send a preservation letter for surveillance footage and relevant records

Damages You Can Seek

Depending on the facts, damages may include medical expenses, future medical care, lost wages, diminished earning capacity, out-of-pocket costs, and pain and suffering. In serious injury cases, documenting long-term limitations, need for assistive devices, or vocational impact helps quantify losses.

Deadlines and Notice Requirements

Time limits and notice rules can vary—especially for claims involving public entities. Some claims require formal notice of claim before a lawsuit can be filed (sometimes as little as 90 days from the incident). These deadlines are strict; consult counsel promptly to identify and meet all applicable requirements (see N.Y. Gen. Mun. Law § 50-e).

How an Attorney Helps

An experienced premises liability attorney can investigate quickly, secure surveillance footage, interview witnesses, obtain maintenance and weather records, work with experts on building codes and safety standards, navigate comparative fault issues, and negotiate with insurers. If necessary, counsel can file suit, take depositions, and present your case for settlement or trial.

Talk to a New York Premises Liability Attorney

If you were injured in a slip-and-fall, you don’t have to navigate the process alone. Contact our team to discuss your options.

Disclaimer: This information is for general educational purposes about New York law, is not legal advice, and does not create an attorney–client relationship. Legal outcomes and deadlines depend on your specific facts and the applicable law. Consult a licensed New York attorney about your situation.