Slip and fall accidents happen every day — on wet supermarket floors, icy sidewalks, broken staircases, and poorly lit parking lots. While some falls are unavoidable, many are the direct result of a property owner’s failure to maintain a safe environment. When that negligence causes injury, you may have the right to compensation.

Premises liability law governs these claims, and understanding how it works is the first step to protecting your rights.

What Is Premises Liability?

Premises liability is a legal doctrine that holds property owners and occupiers responsible for injuries that occur on their property due to unsafe conditions. In New York, property owners have a duty of care to maintain their premises in a reasonably safe condition for people who enter.

This duty applies to a wide range of property types:

  • Retail stores and supermarkets
  • Restaurants and bars
  • Hotels and apartment buildings
  • Office buildings
  • Government-owned property
  • Private residences (in some circumstances)

The Elements of a Slip and Fall Claim

To win a premises liability case in New York, you must prove four key elements:

1. The Defendant Owned, Occupied, or Controlled the Property

You must identify the responsible party — whether it is a property owner, a tenant, a business operator, or a management company. In many cases, multiple parties may share responsibility.

2. The Defendant Was Negligent

This is the heart of your case. You must show that the property owner either:

  • Created the dangerous condition, or
  • Knew about it and failed to fix it, or
  • Should have known about it — meaning a reasonable person in their position would have discovered and corrected it

In New York, courts apply what is known as the “actual or constructive notice” standard:

  • Actual notice — the owner knew about the hazard (e.g., a customer reported it)
  • Constructive notice — the hazard existed long enough that the owner should have discovered it through reasonable inspection

3. The Dangerous Condition Caused Your Injury

You must establish a direct link between the hazardous condition and your fall. This requires medical evidence connecting your injuries to the specific incident.

4. You Suffered Real Damages

Compensation is available for:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement
  • Loss of enjoyment of life

Common Causes of Slip and Fall Accidents

  • Wet or slippery floors without adequate warning signs
  • Uneven or broken flooring, cracked sidewalks, raised edges
  • Poor lighting in stairwells, hallways, or parking areas
  • Snow and ice inadequately cleared from walkways
  • Broken or missing handrails on stairs or ramps
  • Cluttered aisles or obstructed walkways
  • Loose or torn carpeting

Comparative Negligence in New York

New York follows a pure comparative negligence rule. This means that even if you were partially at fault for your fall — for example, you were distracted by your phone or wearing inappropriate footwear — you can still recover compensation. However, your award will be reduced by the percentage of fault attributed to you.

Example: If you are found 20% at fault and your total damages are $100,000, you recover $80,000.

This makes it crucial not to assume that you cannot bring a claim simply because you played some role in the accident.

Critical Evidence in a Slip and Fall Case

Evidence gathering begins immediately — and delays can be fatal to your claim.

At the Scene

  • Photographs and video of the hazard, your injuries, your footwear, and the surrounding area
  • Incident report — request that the property owner or manager complete one and get a copy
  • Witness information — names and contact details of anyone who saw the fall or the condition

Medical Records

Seek medical treatment immediately, even if you feel your injuries are minor. Delayed treatment is used by insurance companies to argue that the injuries were not serious or were caused by something else. Your medical records create the essential link between the fall and your injuries.

Surveillance Footage

Many commercial properties have security cameras that may have captured your fall or the condition that caused it. This footage must be preserved quickly — many systems overwrite footage within 24 to 72 hours. An attorney can send a spoliation letter demanding preservation of the footage before it is lost.

Maintenance and Inspection Records

Property owners are often required to maintain logs of inspections, cleaning schedules, and maintenance work. These records can show whether the property owner followed reasonable practices — or failed to.

“In one case, we obtained the supermarket’s hourly cleaning log and discovered that the aisle where our client fell had not been inspected for over three hours before the accident. That single document was central to our $750,000 settlement.”

The 90-Day Notice Requirement for Government Property

If your slip and fall occurred on city or government-owned property — a sidewalk, public park, government building, or transit facility — New York law requires you to file a Notice of Claim within 90 days of the accident. Missing this deadline will bar your claim entirely.

For private property claims, the standard statute of limitations in New York is three years.

Steps to Take After a Slip and Fall

  1. Seek medical attention — your health is the priority, and your records are your evidence
  2. Document everything at the scene if you are physically able
  3. Report the incident to the property owner or manager and get a written copy
  4. Do not give a recorded statement to insurance adjusters without speaking to an attorney first
  5. Preserve your clothing and footwear — these can be evidence
  6. Contact a personal injury attorney as soon as possible

How We Can Help

Our personal injury team has successfully handled hundreds of premises liability cases across New York. We investigate quickly, preserve evidence, engage expert witnesses when needed, and fight aggressively — whether in settlement negotiations or at trial.

We handle all slip and fall cases on a contingency fee basis. You pay nothing unless we win.

Contact us today for a free consultation.