What To Do After a New York Trip-and-Fall Injury Claim
TL;DR: Get medical care, report the incident, preserve evidence (including video), and act quickly—especially if a government entity may be involved, because notice and filing deadlines can be short. In New York, liability for a trip-and-fall often turns on whether the owner created the hazard or had notice and failed to fix it. Comparative negligence can reduce your recovery but usually does not bar it. If you have questions, contact us.
A fall can be disorienting and painful. The steps you take right after a trip-and-fall in New York can affect both your health and any potential claim. The guidance below is general and does not replace advice from a lawyer about your specific situation.
1) Prioritize Safety and Medical Care
Seek medical attention as soon as possible, even if symptoms seem minor. Some injuries, such as concussions, ligament damage, or hairline fractures, can develop or worsen over time. Prompt medical records can help connect your injuries to the incident.
2) Report the Incident Promptly
Notify the property owner, manager, or appropriate authority as soon as you can. Ask whether an incident report is customary and request a copy if available. If the fall occurred on city, town, or other municipal property (or involves a public authority), additional notice requirements and shorter timelines may apply. For many municipal defendants, a Notice of Claim must be served within 90 days (GML § 50-e), and the lawsuit generally must be commenced within one year and 90 days (GML § 50-i). For New York City claims, see the Comptroller’s guidance on filing a claim: NYC Comptroller – File a Claim Against the City. Deadlines and procedures can differ based on the entity involved, so act quickly.
3) Document the Scene and Your Injuries
Take photos or video of the exact location, showing the hazard (for example, uneven pavement, broken steps, torn carpeting, or poor lighting), weather conditions, and any warning signs—or lack thereof. Capture multiple angles and distances. Preserve the footwear and clothing you wore, and keep them unaltered. Save medical bills, discharge instructions, and receipts related to your injury.
4) Identify Witnesses and Preserve Evidence
Collect names, phone numbers, and emails of anyone who saw the fall or the hazardous condition. If the location has surveillance cameras, promptly request that the footage be preserved. Video systems can overwrite footage quickly, so timely written requests can be crucial.
5) Avoid Speculation and Limit Public Statements
When speaking with property owners, insurers, or investigators, stick to the facts. Avoid recorded statements until you understand your rights. Refrain from posting about the incident on social media, as posts can be used to challenge your account or the extent of your injuries.
6) Understand Liability in New York Trip-and-Fall Cases
In New York, those who own or control property generally must maintain reasonably safe conditions. Whether an owner is liable often turns on whether the owner or occupier created the dangerous condition or had actual or constructive notice of it and failed to address it within a reasonable time. Not every hazardous condition results in liability; responsibility depends on the facts, including the foreseeability of harm and the reasonableness of inspections or repairs. See the New York Courts’ overview of negligence principles: NY Courts CourtHelp – Negligence. If a plaintiff is found partly at fault, New York’s comparative negligence rule reduces, but does not automatically bar, recovery (CPLR § 1411).
7) Special Rules for Claims Involving Government Property
Claims against municipalities, public authorities, and other government entities often involve additional notice requirements and shorter timeframes than claims against private parties. For many municipal claims, a Notice of Claim must be served within 90 days (GML § 50-e), and a lawsuit generally must be started within one year and 90 days (GML § 50-i). For New York City matters, the Comptroller provides filing instructions: NYC Comptroller. Some entities and state-related claims have different rules and forums, so consult counsel promptly.
8) Track Your Damages
Keep a diary of pain levels, mobility limitations, missed work, and daily activities you can no longer perform. Save pay stubs and employer communications about missed time or modified duties. Organize medical bills, mileage to appointments, and out-of-pocket costs like braces, crutches, or home assistance.
9) Do Not Delay Legal Guidance
Deadlines for personal injury lawsuits and notices can be strict. For negligence claims against private parties, New York’s statute of limitations is generally three years from the date of the accident (CPLR § 214(5)). Claims against municipal entities often have much shorter timelines (see GML § 50-e and GML § 50-i). Early legal guidance helps preserve evidence, identify the correct defendants, and comply with all procedural steps.
10) How a Lawyer Can Help
An attorney can investigate the scene, seek preservation of video, obtain maintenance and inspection records, consult experts on building codes and safety standards, evaluate liability and comparative fault, manage communications with insurers, calculate damages, and ensure compliance with applicable deadlines and notice requirements.
Practical Tips
- Write down exactly where you fell (address, store area, nearest landmark) while memories are fresh.
- Send a concise, dated preservation letter to the owner or manager requesting retention of video and incident records.
- Store shoes and clothing in a clean bag; do not wash or alter them.
- Follow medical advice and keep all follow-up appointments.
Immediate Action Checklist
- Get medical care and describe all symptoms.
- Photograph the hazard and the wider area.
- Collect witness names and contact details.
- Report the incident and ask for an incident report copy.
- Request preservation of surveillance video in writing.
- Save bills, receipts, and work records.
- Consult a New York attorney promptly, especially for government property claims.
Key Takeaways
- Get medical care promptly and document everything.
- Report the incident and request that any video be preserved.
- Evidence can disappear quickly; act fast, especially if a government entity may be involved.
- Liability often turns on knowledge of the hazard and the reasonableness of inspections, repairs, or warnings.
- Comparative negligence may reduce, but typically does not bar, recovery (CPLR § 1411).
- Consult an attorney early to protect your rights and meet all requirements.
FAQ
What if I was partly at fault for tripping?
New York’s comparative negligence law may reduce your compensation proportionally but does not automatically bar recovery.
How soon must I act if a city or public authority is involved?
You may need to serve a Notice of Claim within 90 days and file suit within one year and 90 days, subject to entity-specific rules.
Should I talk to the insurance adjuster?
Provide basic information only and avoid recorded statements until you understand your rights or consult counsel.
Do I need to keep my footwear?
Yes. Preserve the shoes and clothing you wore, unaltered, as they can be important evidence.
Questions about a New York trip-and-fall? We are here to help. Contact us for a consultation.
Disclaimer (New York): This blog provides general information about New York trip-and-fall incidents and is not legal advice. Reading it does not create an attorney-client relationship. Deadlines and procedures vary by facts and by the entity involved. Consult a licensed New York attorney about your specific situation.