Slip and Fall Accident FAQs

New York slip and fall law is based on premises liability, which holds property owners responsible for injuries caused by unsafe conditions. Property owners must maintain reasonably safe premises and either fix hazardous conditions or warn visitors about them. To win a claim, you must prove the owner knew or should have discovered the danger through reasonable inspection (actual or constructive notice), that the condition caused your fall, and that you suffered damages. New York follows pure comparative negligence, meaning you can recover compensation even if partially at fault, though your recovery is reduced by your percentage of responsibility.

Multiple parties can be held liable depending on who owned or controlled the property. Responsible parties include residential and commercial property owners, landlords, business operators, retail stores, restaurants, building managers, property management companies, and government entities including NYC and the MTA. Construction contractors who created hazardous conditions, maintenance companies that failed to address dangers, and cleaning companies whose work created slip hazards can also be liable. In many cases, several parties share responsibility. For example, a grocery store fall might involve the store owner, manager, and cleaning contractor.

The leading cause is wet or slippery surfaces from spilled liquids, recently mopped floors without warning signs, tracked-in rain or snow, leaking plumbing, or inadequate ice removal. Floor defects like cracked tiles, uneven surfaces, broken handrails, and damaged steps are also common. Debris and obstructions in walkways, improperly displayed merchandise, and loose cords create hazards. Environmental factors include inadequate lighting, unmarked steps, potholes in parking lots, and failure to clear snow and ice. Preventable failures like missing warning signs, inadequate maintenance, and failure to repair known defects frequently cause accidents.

Public sidewalk claims have different rules and much stricter deadlines than private property cases. You can hold New York City liable only if it had prior written notice of the dangerous condition and failed to repair it within a reasonable time. Critical deadlines include filing a Notice of Claim within 90 days of the accident and filing a lawsuit within 1 year and 90 days. Missing the 90-day deadline typically bars your claim permanently. The city has significant immunity protections, making these cases harder to prove. You must demonstrate the city knew about the specific condition and had reasonable opportunity to repair it. Consult an attorney immediately.

Yes, but with significant limitations and strict deadlines. Suing government entities is more difficult than suing private property owners due to sovereign immunity protections. For municipal sidewalk cases, you must prove the city had prior written notice of the condition and failed to repair it. You must file a Notice of Claim within 90 days and a lawsuit within 1 year and 90 days, compared to 3 years for private property. Different rules apply depending on the agency (NYC property, MTA transit system, or state property). The 90-day Notice of Claim deadline is mandatory and strictly enforced. Missing it typically bars your claim permanently.

Seek medical attention within 72 hours, even for seemingly minor injuries. Report the accident immediately to the property owner or manager and request a copy of the incident report. Document the scene by taking photos and videos of the hazardous condition from multiple angles before it's cleaned up. Collect names, phone numbers, and statements from witnesses. Request preservation of surveillance footage, which stores often delete within 24 to 72 hours. Do not admit fault, give recorded statements to insurance companies, or post about the accident on social media. Keep all medical records and receipts. Contact a slip and fall attorney immediately.

After taking immediate steps, obtain complete medical records from all treating providers including imaging studies and specialist reports. Follow all medical treatment plans and attend every scheduled appointment, as non-compliance harms your case. Preserve financial records including medical bills, pay stubs proving lost wages, and receipts for special expenses. For government property, file a Notice of Claim within 90 days. Consult an attorney and provide all evidence and documentation. Your attorney can authorize surveillance footage preservation, discuss statute of limitations deadlines, and review potential settlement value based on your injuries and the strength of your evidence.

Straightforward cases with clear liability and minor injuries typically settle in 6 to 12 months. Moderate complexity cases with some liability questions and moderate injuries take 12 to 24 months. Complex cases involving disputed liability, severe injuries, or permanent disability can take 2 to 3 years or longer. Factors affecting the timeline include injury severity, clarity of liability, insurance company cooperation, medical treatment duration, court backlogs, and gaps between settlement demands and offers. Even after agreeing to settlement, receiving your check takes an additional 4 to 6 weeks for insurance processing, lien resolution, and attorney processing. Approximately 80 to 90 percent of cases settle without trial.

For private property, you have 3 years from the accident date to file a lawsuit. Municipal and government property cases have much stricter deadlines: you must file a Notice of Claim within 90 days of the accident and a lawsuit within 1 year and 90 days. Missing the 90-day Notice of Claim deadline typically bars your entire claim permanently. Different agencies have different rules, including NYC municipal property, state property, MTA transit system, and public housing authorities. Wrongful death claims have a 2-year statute of limitations from the date of death. Do not wait until deadlines approach, as evidence like surveillance footage disappears quickly.

Critical evidence includes surveillance footage from store cameras (which stores often delete within 24 to 72 hours), photos of the hazardous condition from multiple angles, and witness testimony with contact information. Medical documentation is essential, including emergency room records, examination reports, imaging results, specialist notes, therapy records, and medical bills. Scene documentation should include photos of the location, lighting conditions, and any hazards present. Obtain incident reports filed by the property owner and maintenance records showing failure to address issues. Evidence proving the property owner knew or should have discovered the condition is crucial, along with financial records documenting medical expenses and lost wages.

Critical mistakes include failing to photograph the hazardous condition, not collecting witness contact information, and not reporting the incident immediately. Delaying medical treatment allows insurance companies to dispute causation. Not following medical advice by skipping appointments or refusing treatment gives the appearance injuries are not serious. Never give recorded statements to insurance adjusters without legal counsel, as statements can be used against you. Failing to preserve surveillance footage before deletion loses objective proof forever. Not keeping copies of medical bills, receipts, and pay stubs prevents proving full damages. Accepting early settlement offers before knowing the full extent of injuries typically results in inadequate compensation.

Yes, approximately 80 to 90 percent of slip and fall cases settle without trial. Settlement offers guaranteed compensation without trial uncertainty, faster resolution (months versus years), reduced legal costs and stress, and avoidance of courtroom testimony. Defendants settle to avoid unpredictable jury verdicts that often exceed settlement offers, reduce ongoing litigation costs, and gain certainty of outcome. Most settlements occur after discovery and evidence exchange, typically 12 to 24 months after the accident. Cases that proceed to trial typically involve significant liability disputes, large gaps between offers and demands, or defendant belief they will prevail. New York juries are generally favorable to plaintiffs when negligence is proven.

Average settlements range from $10,000 to $50,000, with an overall average of approximately $23,000 to $25,000 based on recent NYC Comptroller data. However, actual settlements vary dramatically by injury severity. Minor injuries like soft tissue damage or sprains typically settle for $10,000 to $50,000. Moderate injuries requiring surgery, such as fractures or herniated discs, range from $50,000 to $250,000. Severe injuries involving multiple surgeries, permanent disability, or significant scarring can exceed $250,000 to $2,000,000 or more. Factors affecting settlement value include injury severity and permanence, medical treatment costs, lost wages, pain and suffering, age, liability clarity, and available insurance coverage.

Case value depends on injury severity, treatment required, permanence of injury, age, and pre-existing conditions. Economic damages include medical expenses (past and future), lost wages, diminished earning capacity, and out-of-pocket costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Liability factors affecting value include clarity of negligence, property owner knowledge, duration of the hazard, presence of warnings, and your comparative fault. Case-specific factors include insurance coverage limits, venue (NYC cases settle higher), defendant resources, evidence quality, and witness credibility. An experienced attorney can evaluate your specific circumstances and provide detailed case valuation after reviewing your injuries and accident details.

Economic damages include medical expenses (past and future), physical therapy, prescription medications, medical equipment, home modifications, lost wages, diminished earning capacity, and transportation costs. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium for spouses, and disfigurement or scarring. In rare cases involving intentional misconduct or gross negligence, punitive damages may be awarded to punish the defendant. Importantly, New York does not cap damages for slip and fall cases, meaning you can recover full compensation for all losses without arbitrary legal limits, unlike many other states that cap pain and suffering awards.

Yes, absolutely. New York follows a pure comparative negligence rule, allowing you to recover damages regardless of your percentage of fault. Your compensation is simply reduced by your percentage of responsibility. For example, if awarded $100,000 but found 30 percent at fault, you receive $70,000. You can recover even if primarily responsible. If 70 percent at fault on a $100,000 award, you still receive $30,000. Situations involving partial fault include wearing inappropriate footwear, being distracted, ignoring warning signs, not using handrails, or running. Your attorney works to minimize fault assigned to you by documenting that the property owner's negligence was the primary cause and demonstrating you exercised reasonable care.

Yes, if the slip and fall occurred while working. Workers' compensation provides medical treatment, approximately two-thirds of your average weekly wage, disability benefits, and death benefits. It's a no-fault system requiring no proof of fault. However, benefits are limited, providing no pain and suffering damages and capped wage replacement. If someone other than your employer contributed to your fall, you can file a separate third-party claim against property owners, contractors, equipment manufacturers, or building management companies. Third-party claims provide full lost wages, pain and suffering, emotional distress, and much higher settlements. You can pursue both claims simultaneously, though your workers' compensation insurer may place a lien on your third-party settlement.

Yes, hiring an experienced slip and fall attorney is strongly recommended. New York premises liability law is complex, and insurance companies use trained adjusters to minimize payouts. Surveillance footage disappears within 24 to 72 hours, and your attorney can immediately send spoliation letters to preserve evidence. Attorneys maximize compensation through expert negotiation and know how to properly value your case. Proving negligence requires complex evidence analysis and potentially expert testimony. Government property claims have a mandatory 90-day Notice of Claim deadline that, if missed, permanently bars your claim. Attorneys work on contingency, meaning you pay nothing upfront and only if you win, eliminating financial barriers to representation.

Nothing upfront. Slip and fall attorneys in New York work exclusively on a contingency fee basis, meaning you pay only if you win. Standard fees range from 33 to 40 percent of your recovery, typically 33 percent if the case settles before extensive litigation and 40 percent if trial is required. New York law provides sliding scale limits: 33 percent of the first $250,000, 30 percent of the next $250,000, 25 percent of the next $500,000, and 20 percent over $1,000,000. Law firms advance all litigation costs including expert witness fees, depositions, and filing fees, which are repaid from your settlement. If you lose, firms typically absorb these costs.

Call immediately after a slip and fall accident, ideally within 48 to 72 hours. Your attorney can send spoliation letters to preserve surveillance footage before it's deleted, as most footage is overwritten within 24 to 72 hours. Every hour of delay increases risk of permanent evidence loss. For government property, you must file a Notice of Claim within 90 days, and missing this deadline is catastrophic. Early legal intervention preserves evidence like surveillance footage and witness testimony, ensures statutory compliance, increases settlement leverage with insurance companies, and coordinates proper medical documentation of injuries. Most attorneys offer free initial consultations with no obligation, allowing you to evaluate your options at no cost.