Slip and fall accidents are among the most common causes of personal injury in New York. Whether you slip on an icy sidewalk, trip over a broken staircase, or fall on a wet grocery store floor, the consequences can be severe — from broken bones and head injuries to chronic back pain and long-term disability.
The Property Owner's Duty of Care
In New York, property owners have a legal obligation to maintain their premises in a reasonably safe condition. This duty applies to commercial property owners, residential landlords, homeowners, and even government entities responsible for public spaces.
When a property owner fails to address a known hazard or neglects routine maintenance, and someone is injured as a result, the property owner may be held legally responsible for those injuries.
Proving Liability: Notice Is Key
To succeed in a slip and fall case in New York, you generally must prove that the property owner had actual or constructive notice of the dangerous condition that caused your fall.
- **Actual notice** means the property owner knew about the hazard. For example, a tenant reported a broken handrail, but the landlord failed to fix it.
- **Constructive notice** means the hazard existed for long enough that the property owner should have known about it through reasonable inspections. A puddle that sat in a grocery store aisle for hours without being cleaned up is a classic example.
A property owner who creates the dangerous condition is automatically considered to have notice. If a store employee mops a floor and doesn't post a wet floor sign, the store is liable without any additional notice requirement.
NYC Sidewalk Liability: Administrative Code 7-210
In New York City, property owners face an additional layer of responsibility. Under NYC Administrative Code Section 7-210, the duty to maintain and repair sidewalks adjacent to a property is shifted from the city to the property owner. This means that if you slip and fall on a cracked, uneven, or icy sidewalk in front of a building, the building owner — not the city — is typically liable.
There are limited exceptions for one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes.
Comparative Negligence in Slip and Fall Cases
New York's pure comparative negligence rule applies to slip and fall cases. The property owner may argue that you were partially at fault — for example, by wearing inappropriate footwear, texting while walking, or ignoring warning signs.
Even if you bear some responsibility, you can still recover damages. Your award will simply be reduced by your percentage of fault. If a jury determines you were 30% at fault, your $100,000 award would be reduced to $70,000.
Common Slip and Fall Locations
Slip and fall accidents can happen anywhere, but some locations see a disproportionate number of claims:
- **Grocery stores and retail shops** — Spilled liquids, fallen merchandise, wet floors
- **Parking lots** — Potholes, ice, poor lighting
- **Sidewalks** — Cracked pavement, ice and snow, tree root upheaval
- **Apartment buildings** — Broken stairs, inadequate lighting, wet lobby floors
- **Restaurants and bars** — Spilled drinks, greasy floors, uneven surfaces
- **Office buildings** — Worn carpeting, loose floor tiles, wet entryways
What to Document After a Slip and Fall
If you've been injured in a slip and fall accident, taking the right steps can protect your claim:
- **Photograph the scene** — Take pictures of the hazard that caused your fall, the surrounding area, and any visible injuries
- **Report the incident** — Notify the property owner, manager, or staff and request a written incident report
- **Get witness information** — Collect names and contact information from anyone who saw the accident
- **Seek medical attention** — Visit a doctor promptly, even if your injuries seem minor at first
- **Preserve evidence** — Keep the shoes and clothing you were wearing at the time of the fall
Statute of Limitations
In New York, you generally have 3 years from the date of your slip and fall to file a personal injury lawsuit. However, if your claim is against a municipality or government entity, you must file a Notice of Claim within 90 days of the accident.
If you or a loved one has been injured in a slip and fall accident, contact Janusas Law for a free consultation. We'll investigate the circumstances of your fall and determine whether the property owner can be held liable for your injuries.