A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Slip and Fall Lawyer in Old Westbury — Personal Injury Help

Trusted Local Advocacy

Complete Slip and Fall Claims Guide

If you sustained injuries in a slip and fall in Old Westbury, you deserve clear guidance about your options and next steps. The Ahearne Law Firm PLLC represents people hurt in premises incidents across Nassau County and the Hudson Valley, helping clients understand liability, preserve evidence, and pursue fair compensation. Allan J. Ahearne, Jr. and the firm focus on careful case investigation and communication with clients about timelines, required documentation, and potential recovery. If you or a loved one has been injured on another’s property, it is important to document the accident, seek medical care, and reach out for an in-depth discussion about how a claim could proceed in New York.

A slip and fall can raise many questions about responsibility, insurance coverage, and medical billing. From the moment an incident occurs, collecting information—photographs, witness contact details, and incident reports—helps build a strong factual record. The firm works to obtain property records, surveillance footage, and maintenance logs when available, and to track medical treatment and related expenses. We will explain the likely timeline for a claim, including how insurance companies typically respond and what steps are practical for protecting your recovery while balancing your care and daily responsibilities in Old Westbury and beyond.

Why Legal Help Matters for Slip and Fall Claims

Having knowledgeable representation can make a meaningful difference in how a slip and fall claim is handled, from early preservation of evidence to negotiating with insurance carriers. A focused legal team seeks to identify responsible parties, document the chain of events, and arrange for objective evaluations of injuries and costs. This work helps ensure bills for treatment, rehabilitation, and lost income are fully considered when a claim is presented. Additionally, careful preparation can reduce the risk of avoidable delays and strengthen a client’s position in settlement talks or litigation, making it easier to pursue an outcome that reflects the real effects of the injury.

About Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC serves clients throughout Nassau County and the Hudson Valley, with a focus on personal injury matters including slip and fall claims. Allan J. Ahearne, Jr. brings years of litigation and client representation in New York state courts and maintains a strong emphasis on attentive client communication and thorough preparation. The firm assists people in gathering medical records, documenting property conditions, and understanding insurance responses. Clients meet with a consistent point of contact who explains options and helps make informed choices about negotiation, settlement, or pursuing a case in court when necessary.

Understanding Slip and Fall Claims in New York

Slip and fall claims typically involve proving that a property owner or manager owed a duty of care, failed to meet that duty, and that the failure caused the injury and resulting losses. Establishing those elements depends on evidence such as maintenance records, photographs of the hazard, incident reports, witness statements, and medical documentation that connects the fall to the claimed injuries. The process also considers whether the condition was obvious or concealed and whether the property owner had reasonable notice of the hazard. All of these factors influence liability and the potential for recovery under New York law.

After the initial investigation, a typical claim will involve demand letters to insurers, documentation of medical expenses and lost earnings, and, when necessary, formal pleadings in court. New York has particular rules about timelines and procedural requirements that affect how and when a claim should be filed. Attention to deadlines, proper preservation of evidence, and clear medical documentation are important to avoid avoidable setbacks. Early communication with the property owner or their insurer can sometimes produce a fair settlement, but careful case development is often required to achieve an outcome that reflects the full scope of the injury.

Need More Information?

Key Terms and Glossary for Slip and Fall Claims

Negligence

Negligence refers to the failure to act with the level of care that a reasonably prudent property owner would exercise to prevent foreseeable harm. In a slip and fall case, negligence can include failing to clean up spills, not repairing broken flooring, or ignoring hazards that create an unreasonable risk of injury. Proving negligence typically requires showing that a duty existed, that it was breached, and that the breach caused the injury and related losses such as medical bills and lost income. Evidence that demonstrates how the hazard arose and how long it existed can be important in establishing negligence.

Comparative Fault

Comparative fault is a legal principle that reduces a plaintiff’s recovery when the injured person bears some responsibility for the accident. Under this approach, a percentage is assigned to each party’s fault, and any damages awarded to the injured person are reduced by their share of responsibility. For example, if a jury finds a plaintiff 20 percent at fault for a slip and fall, the award for damages would be reduced by 20 percent. Understanding how comparative fault applies in a particular case requires careful review of the facts and evidence surrounding the incident.

Liability

Liability refers to the legal responsibility a property owner or other party may have for injuries that occur on their premises. Determining liability involves analyzing whether the owner knew or should have known about the hazardous condition, whether reasonable steps were taken to address it, and whether negligence caused the injury. Insurance policies often cover claims alleging liability, and carriers will investigate the scene, witness accounts, and related records. Identifying the correct liable party may include landlord, tenant, contractor, or business operators depending on who controlled the area where the fall occurred.

Statute of Limitations

The statute of limitations sets the deadline for filing a lawsuit and varies by claim type and jurisdiction. For most personal injury actions in New York, including many slip and fall claims, the general rule is that a lawsuit must be filed within three years from the date of the injury. Missing the deadline can bar a claim from proceeding in court, although certain exceptions may extend or shorten the period in particular circumstances. Timely investigation and early steps to preserve evidence therefore help protect the right to seek recovery before applicable deadlines expire.

PRO TIPS

Preserve Evidence Immediately

Document the scene as soon as it is safe and practical by taking clear photographs of the hazard from multiple angles, capturing any signage, lighting, and the surrounding area. Collect contact information from witnesses and ask for any available incident reports or maintenance logs, as these records can be important. Secure copies of surveillance footage if it exists and note the date and time the footage was identified to help preserve it before it is overwritten by routine systems.

Seek Prompt Medical Attention

Obtain medical care right after a slip and fall, even for injuries that seem minor at first, because some conditions may worsen over time and medical records establish a clear link between the fall and subsequent treatment. Keep thorough records of all visits, diagnostic testing, treatments, and recommendations from providers, and follow prescribed care plans to demonstrate the seriousness of your injuries. Request copies of records and invoices and maintain a chronology of medical events to support any claim for damages related to the incident.

Document the Scene

Record details that could explain how the fall occurred, including weather conditions if outdoors, footwear, lighting, and any temporary conditions such as recent cleaning operations or construction work. Note how long the hazard appeared to have existed, whether warning signs were posted, and whether any barriers or handrails were available and functioning. Preserve physical evidence where possible and avoid altering the scene until documentation is complete, while ensuring safety and necessary medical care are not compromised.

Comparing Legal Approaches for Slip and Fall Claims

When a Comprehensive Approach Helps:

Complex Liability Issues

A comprehensive approach is often appropriate when responsibility for a hazard is unclear or when multiple parties could share liability, such as landlords, tenants, or contractors. Addressing complex liability requires detailed investigation into control of the premises, maintenance contracts, and prior incident history, along with collection of documentary evidence. Taking these steps early helps clarify legal theories of the case and builds a record that supports recovery if formal litigation becomes necessary.

Serious or Long-term Injuries

When injuries are severe, result in long-term impairment, or require ongoing treatment, a thorough approach to documenting damages and future care needs is important to reflect the full scope of losses. A comprehensive case will include assessments of medical prognosis, rehabilitation costs, and potential impacts on employment and daily living. Robust documentation and professional assessments help ensure discussions with insurers take the long view rather than focusing on immediate or short-term costs alone.

When a Limited Approach May Be Adequate:

Minor Injuries and Quick Resolution

A limited approach may be reasonable when injuries are minor, treatment is brief, and liability is not contested, allowing for a targeted demand to the insurer and a faster resolution. In such cases, documenting medical visits and repair records along with photos and witness statements may be sufficient to obtain a fair settlement without extended investigation or litigation. Choosing a limited path depends on the client’s goals and whether a straightforward resolution is in their best interest.

Clear Liability and Strong Evidence

When responsibility for the hazard is obvious and there is clear, contemporaneous evidence such as surveillance video or multiple witness accounts, the claim may be resolved more efficiently with a focused presentation of facts. This option can reduce the time and expense associated with extended investigations while still pursuing adequate compensation. Even in these situations, careful documentation of medical care and costs remains important to ensure a full accounting of damages.

Common Slip and Fall Situations in Old Westbury

Wet Floors in Stores

Wet floors from spills, tracked-in rain, or recent mopping are a frequent cause of falls in retail and grocery settings when the area is not promptly marked or cleaned up and customers are not warned of the hazard. Retailers and property managers have an obligation to address known hazards and to maintain reasonable inspection and cleaning practices, and documentation such as photos, witness statements, and incident reports can be central to demonstrating how the condition existed at the time of the fall.

Uneven Pavement or Sidewalks

Tripping on cracks, raised slabs, or poorly maintained sidewalks and parking areas is another common scenario that leads to injuries, particularly where regular upkeep would have prevented hazardous conditions. Municipal and private property owners may bear responsibility for maintenance and safe pathways, and records concerning prior complaints or repair schedules can be important in showing that the hazard was foreseeable and not addressed.

Poor Lighting or Cluttered Areas

Insufficient lighting, obstructed walkways, or storage left in pedestrian areas can hide dangerous conditions and increase the likelihood of a slip or trip. Evidence demonstrating inadequate illumination, missing signage, or a lack of barriers to prevent access to dangerous zones supports claims that reasonable measures were not taken to protect visitors from preventable harm.

Slip and Fall Representation Serving Old Westbury and Nassau County

Why Choose Ahearne Law Firm for Your Slip and Fall Claim

Ahearne Law Firm PLLC provides focused attention to individuals injured in premises incidents across Old Westbury and Nassau County. The firm emphasizes clear communication about case status, practical steps to preserve evidence, and honest discussion about likely timelines and outcomes. Allan J. Ahearne, Jr. and the team assist clients in assembling medical records, documenting lost income, and identifying responsible parties so that insurance claims or legal actions are based on a complete record. Clients receive guidance about decisions at each stage and help understanding the practical implications of settlement and litigation options.

Working with the firm means having a consistent point of contact who explains what to expect from insurers and from court processes if those steps become necessary. Fee arrangements are discussed upfront to help make representation accessible, and the firm focuses on pursuing recovery that reflects the full impact of injuries on health, work, and daily life. Prompt outreach after an incident helps make sure evidence is preserved and deadlines are met, which protects the ability to seek compensation when appropriate.

Contact Ahearne Law Firm for a Free Consultation

People Also Search For

Old Westbury slip and fall lawyer

Nassau County slip and fall attorney

slip and fall claim Old Westbury

trip and fall lawyer New York

slip and fall settlement Old Westbury

personal injury attorney Nassau County

Ahearne Law slip and fall

Allan J. Ahearne slip fall

FAQS

What should I do immediately after a slip and fall in Old Westbury?

Seek medical attention immediately to check for injuries and to create a medical record that links treatment to the fall. While attending to health needs, take photographs of the hazard, the surrounding area, and any visible injuries, and collect names and contact information from witnesses. If possible, obtain or request an incident report from the property owner or manager and make notes about the conditions, footwear, and lighting at the time of the incident. After initial care, preserve documentation including medical records, bills, and receipts for related expenses, and avoid giving recorded statements to insurers until your position is clear. Notify your health providers about how the injury occurred and keep a treatment timeline. Early steps to secure evidence and document treatment help protect your ability to pursue compensation if appropriate under New York law.

How long do I have to file a slip and fall claim in New York?

For many personal injury actions in New York, including most slip and fall claims, the standard statute of limitations requires filing a lawsuit within three years from the date of injury. This time limit can prevent a court from considering your claim if you wait too long, so it is important to begin the investigation and preserve evidence as soon as possible after the incident. Filing deadlines and procedural rules can vary based on circumstances, including the identity of the property owner and whether the claim is against a municipality or state. Certain exceptions and special notice requirements may shorten or extend the time available to bring a claim, depending on the facts and the defendant involved. Because these deadlines are important, it is prudent to seek advice early so that any necessary notices or filings can be completed within applicable time frames and to avoid forfeiting the right to pursue a recovery in court.

Will my own insurance cover medical bills after a slip and fall?

Health insurance often covers immediate medical treatment after a slip and fall, but coverage can vary by policy, and some expenses may be subject to deductibles or co-payments. Where liability is established and the injured person recovers compensation, health insurers or other payers may seek reimbursement for covered payments, so careful tracking of bills and a clear accounting of payments are important. In some cases, an individual’s auto no-fault coverage can be relevant only if the injury occurred in a vehicle, while premises incidents typically rely on health insurance and third-party claims against property insurers. Understanding how different sources of payment interact requires reviewing your policies and the facts of the incident. Maintaining organized records of all medical treatment, invoices, and correspondence with insurers helps clarify coverage and potential reimbursement obligations. This documentation also supports any claim against the property owner’s insurer by showing the scope and cost of care related to the fall.

How is fault determined in a slip and fall case?

Fault in a slip and fall case is determined by examining whether the property owner or manager failed to exercise reasonable care to prevent foreseeable hazards, and whether that failure caused the injury. Investigators look for evidence such as maintenance records, surveillance footage, photos of the condition, and witness accounts to show how the hazard arose and whether the owner had notice of it. The condition’s duration, prior complaints, and the owner’s inspection and repair practices are all relevant to establishing responsibility. Additionally, the injured person’s own actions and awareness of the hazard are considered, which can affect the allocation of responsibility. Objective documentation of the scene and medical records linking the fall to injuries help build a factual record to support a claim. The outcome depends on the specific circumstances and how the available evidence reflects duty, breach, causation, and damages.

Can I still recover if I was partly at fault?

Yes, you may still recover even if you were partly at fault, but your recovery can be reduced in proportion to your share of responsibility under New York’s comparative fault principles. For example, if total damages are determined and you are assigned a percentage of fault, that percentage reduces the amount you can recover. This approach allows injured people to pursue compensation while accounting for the role their own actions may have played in the incident. Because comparative fault affects potential recovery, it is important to present evidence that limits or challenges claimed fault, such as showing that the hazard was hidden, that the property owner had notice, or that signage and warnings were inadequate. Effective documentation of the scene, witness statements, and medical records can influence how fault is evaluated and the ultimate recovery available.

How much is my slip and fall case worth?

The value of a slip and fall case depends on multiple factors, including the severity and duration of injuries, medical and rehabilitation costs, lost wages, effects on earning capacity, and the degree of responsibility assigned to each party. Non-economic damages such as pain, suffering, and loss of enjoyment of life also affect valuation. Insurance policy limits and the ability to prove liability are practical factors that can limit or shape a potential recovery. Because each claim involves unique facts, estimating value requires a detailed review of medical records, treatment plans, employment impacts, and evidence of liability. Early collection of documentation and clear records of expenses and daily impacts help support a reasoned valuation when negotiating with insurers or presenting a case in court.

Do I need to go to court for a slip and fall claim?

Many slip and fall claims are resolved through negotiation and settlement with an insurer without a trial, particularly when liability is clear and damages are well documented. Settlement can be faster and less costly than litigation, and it allows control over the timing and terms of recovery. Parties often engage in discussions informed by medical records, evidence from the scene, and negotiations that consider both the strengths and weaknesses of a case. However, when disputes persist about liability, the extent of injuries, or appropriate compensation, filing a lawsuit and proceeding to trial may be necessary to pursue a just result. Preparing a case for court involves formal pleadings, discovery, depositions, and possibly expert testimony, and these steps take time and resources. Whether a case settles or goes to trial depends on the facts and the willingness of opposing parties to negotiate.

What if the property owner denies responsibility?

If the property owner denies responsibility, the focus shifts to building a factual record that demonstrates how the hazard arose, what notice the owner had, and whether reasonable maintenance practices were in place. Investigation may include obtaining surveillance footage, maintenance logs, employee statements, and any prior complaint history about the location. Witnesses and photographic evidence of the scene at and after the incident can be especially useful in countering denial of responsibility. Even when a property owner disputes liability, insurance companies may still engage in settlement negotiations once evidence is developed showing a likely basis for a claim. If settlement is not possible, carefully prepared litigation can compel discovery of documents and testimony that clarify responsibility. Persistent documentation and timely action help protect the right to pursue recovery despite initial denials.

How long does a slip and fall case take to resolve?

The time required to resolve a slip and fall case varies widely depending on the complexity of liability, the severity of injuries, and whether the matter settles or requires litigation. Simple cases with clear liability and minor injuries may resolve in a few months, while matters involving extensive medical treatment, disputed responsibility, or litigation can take a year or more to reach resolution. Insurance company response times, scheduling of medical evaluations, and court calendars also influence how long a case will take. Clients should expect a process that includes investigation, documentation of damages, demand and negotiation phases, and possibly formal filings and discovery if settlement is not reached. Clear communication about expected milestones and realistic timelines helps manage expectations as a case moves forward, and early preservation of evidence can prevent avoidable delays that would otherwise extend the process.

What if I slipped on a government property or sidewalk?

Claims against government entities or for injuries on public sidewalks and municipal property may be subject to special notice requirements and shorter deadlines than typical private claims. Many municipalities require a written notice of claim within a limited period following the incident before a lawsuit can be filed, and these procedures and time limits are strictly enforced. Failing to comply with notice requirements can bar a claim, so prompt action is essential when a fall involves public property or municipal maintenance issues. Because governmental claims have unique procedural rules, it is important to identify the responsible agency, follow prescribed notice formats, and meet all applicable deadlines. Timely documentation and proper submission of required notices preserve the ability to pursue compensation and allow investigation into maintenance responsibilities and prior complaints that may support a claim.

Personal Injury Services in Old Westbury

Explore our injury practice areas

⚖️ All Personal Injury Services