New York Slip and Fall Accident Lawyer

Property owners, tenants, and businesses in New York have a legal obligation to maintain safe premises for visitors. When they fail to do so, and someone is injured due to hazardous conditions, they may be held legally responsible. Slip and fall accidents occur in a variety of settings, including grocery stores, parking lots, apartment buildings, and sidewalks. These incidents can lead to serious injuries, resulting in high medical expenses, lost wages, and other financial hardships.

New York law provides legal remedies for those injured in slip and fall accidents. However, proving liability requires strong evidence, an understanding of legal standards, and knowledge of relevant statutes and case law. If you or a loved one suffered an injury in a slip and fall accident, consulting an experienced New York slip and fall accident lawyer can help you protect your rights and pursue the compensation you deserve.

What is Premises Liability?

Premises liability is the area of law that holds property owners, landlords, and in some cases, tenants, accountable for maintaining reasonably safe environments on their property for persons rightfully on their property. This means they must take reasonable steps to prevent hazards that could foreseeably cause injury.

Under New York law, if a property owner knows about a dangerous condition, or should have known about it through reasonable property maintenance and inspection, they have a duty to act. This duty involves either:

• Correcting the dangerous condition: This could mean cleaning up a spill, repairing a broken step, removing an obstruction, or fixing inadequate lighting.
• Providing adequate warnings: If the hazard cannot be immediately fixed, the property owner must provide clear and conspicuous warnings to alert visitors to the danger. This could include wet floor signs, warning cones, or barriers.

If a property owner fails in this duty, and someone is injured as a result of the dangerous condition, they can be held liable under premises liability law

New York premises liability law is built upon statutes, local ordinances, and case law. Here are some key legal principles and sources:

• New York Multiple Dwelling Law §78: This statute mandates that residential property owners must maintain their buildings in a safe and habitable condition. This law sets a clear standard of care for landlords and residential property owners, and violations can be strong evidence of negligence in a slip and fall case within an apartment building or other multiple dwelling residence.
• New York City Administrative Code §27-2005: Within New York City, this administrative code further details the responsibilities of property owners to correct hazardous conditions in residential buildings. Like the state law, violations of this code can be used to demonstrate negligence in slip and fall incidents within NYC residential properties.
• New York Labor Law §§ 200, 240, and 241: While primarily focused on workplace safety for construction workers, these laws can be relevant to slip and fall cases occurring at construction sites. Section 200 establishes a general duty for employers and property owners to provide a safe workplace. Sections 240 and 241 provide specific protections, especially related to falls from heights in construction and broader workplace safety regulations. Section 200 can be applicable even to non-workers lawfully present at a construction site who are injured due to unsafe conditions.
• Basso v. Miller, 40 N.Y.2d 233 (1976): This landmark case significantly simplified premises liability law in New York. Prior to Basso, the duty of care a property owner owed depended on whether the visitor was classified as an invitee, licensee, or trespasser. Basso v. Miller eliminated these distinctions, establishing a unified duty of reasonable care to all lawful visitors. This means that property owners owe a duty to act reasonably to prevent foreseeable injuries to anyone who is legally on their property.
• McGill v. Caldors, Inc., 135 A.D.2d 1041 (3d Dept. 1987): This case emphasizes that control over the property dictates premises liability. In McGill, the court held that a store was not liable for a slip and fall in a shopping center parking lot it did not control. Instead, liability rested with the property owner, Plaza at Latham Associates, who held exclusive maintenance responsibilities and had constructive notice of the hazard. This ruling reinforces that liability is tied to the control of the premises and the corresponding duty to prevent foreseeable dangers.

What Are the Most Common Types of Slip and Fall Accidents?

Slip and fall accidents happen in many ways. Some of the most common include:

• Wet or slippery floors due to spills or weather conditions – Spills in grocery stores, restaurants, or other commercial spaces can create slippery surfaces that lead to falls. Rain or snow tracked indoors can also create hazards if not promptly cleaned. Businesses and property owners are required to address these conditions by placing warning signs or taking corrective actions.
• Uneven flooring, loose tiles, or torn carpets – Flooring defects, including raised tiles, loose floorboards, or worn carpeting, pose significant tripping risks. Property owners are expected to conduct regular inspections and repairs.
• Poor lighting that makes it hard to see hazards – Dimly lit stairwells, hallways, or parking garages can make it difficult for visitors to identify obstacles or uneven surfaces. Property owners must ensure adequate lighting to prevent accidents.
• Broken stairs, missing handrails, or defective escalators – Defective staircases and escalators present a high risk of serious injury. Under New York Building Code §27-375, handrails are required on stairways, and their absence can lead to liability.
• Snow or ice accumulation on sidewalks – Property owners are responsible for clearing snow and ice within a reasonable time to prevent hazards. Under New York City Administrative Code §16-123, failure to remove ice and snow can lead to fines and liability for resulting injuries.
• Potholes or cracks in parking lots or walkways – Uneven pavement, potholes, and cracks in sidewalks and parking lots can cause serious falls. Property owners must repair defects or provide warnings.

Each of these hazards can lead to significant injuries, and property owners have a duty to mitigate risks by maintaining safe premises. Consulting an experienced New York slip and fall accident lawyer can help determine whether a property owner failed in their legal duty and if a valid claim exists.

Can I Sue for an Injury from a Slip and Fall Accident?

In New York, an injured person may sue if they can prove that the property owner was negligent. The key elements include:

1. The owner knew or should have known about the hazardous condition.
2. The owner failed to correct the condition or provide an adequate warning.
3. The hazard caused the accident and injuries.

New York follows a pure comparative negligence rule. This is important because it means that even if you were partially responsible for your slip and fall accident, you can still recover damages. However, your recovery will be reduced in proportion to your percentage of fault.

For example, if a jury determines that you were 30% at fault for your slip and fall (perhaps you were not paying close attention to where you were walking), and the total damages awarded are $100,000, you would still recover $70,000 (the total damages minus 30%). This rule ensures that you can still receive compensation even if you bear some responsibility for the accident, as long as the property owner was also negligent.

Who Can I Sue for Slip and Fall Accident Injuries?

Liability for slip and fall accidents depends on where the accident occurred and who is responsible for maintaining the property. Potential defendants include:

• Private property owners – Homeowners and landlords may be liable if they fail to address known hazards.
• Business owners – Stores, restaurants, and shopping malls must maintain safe environments for customers.
• Government entities – Falls on public sidewalks or government buildings may lead to municipal liability.
• Landlords and property management companies – Depending on lease agreements, they may be responsible for common areas.

If a fall occurs on public property, special rules apply. New York General Municipal Law §50-e requires a notice of claim to be filed within 90 days if suing a city or municipal entity. If the claim is not filed within this period, the injured party may lose the right to sue. In cases involving landlords, liability may depend on lease agreements and whether the hazard was the responsibility of the tenant or property owner.

In addition, prior notice of a hazard is typically required for a premises owner to be liable. For example, in Bauer v. Town of Hempstead, 143 A.D.3d 793 (2d Dept. 2016), the plaintiff was injured when she tripped over a raised curb while walking on a sidewalk adjacent to retail stores. She sued the town, alleging that the curb was defectively maintained and that inadequate lighting contributed to her fall. However, the court dismissed her claim, ruling that Town Law § 65-a (2) required prior written notice of sidewalk defects, which the plaintiff failed to provide. Additionally, the court found that the town had no legal duty to provide lighting under Highway Law § 327, as lighting decisions were discretionary. Because the plaintiff could not establish the town’s liability on either theory, the Supreme Court granted summary judgment in favor of the town, dismissing the case.

An experienced New York slip and fall accident lawyer can assist in determining who may be liable and whether proper procedures have been followed.

How Long Do I Have to File a Slip and Fall Accident Lawsuit?

New York has strict time limits for filing personal injury claims.

• General Statute of Limitations. Under CPLR 214, the statute of limitations for slip and fall cases is three years from the date of the accident. This means that an injured party must initiate a lawsuit within this period or risk losing their right to seek compensation.
• Wrongful Death. If the accident resulted in death, the victim’s family may file a wrongful death claim, which generally has a two-year statute of limitations under EPTL 5-4.1.
• Claims against government entities. If the claim involves a government entity, different rules apply. Under New York General Municipal Law §50-e, individuals must file a notice of claim within 90 days of the accident. Failure to do so can result in the loss of the right to sue the city, state, or another public entity. After filing the notice of claim, the injured party must initiate the lawsuit within one year and 90 days from the accident date, per General Municipal Law §50-i.
• Minors or incapacitated individuals. The deadline may be extended. If the injured person was under 18 at the time of the accident, the statute of limitations may be tolled, meaning it does not begin until they turn 18. Similarly, if the victim was mentally incapacitated, the statute of limitations may be paused until they regain capacity. Additionally, in cases where the property owner fraudulently concealed a hazardous condition or engaged in misconduct to delay the discovery of the claim, the filing deadline may be extended.

Failing to file a lawsuit within the applicable timeframe typically results in dismissal of the case, regardless of the severity of your injuries or the clear negligence of the property owner. Therefore, it is essential to seek legal advice as soon as possible after a slip and fall accident to ensure your rights are protected and you do not miss this crucial deadline. Evidence can be lost, witnesses' memories can fade, and taking prompt action is always in your best interest.

What Compensation Can Slip and Fall Accident Victims Receive?

If you are injured in a slip and fall accident due to someone else's negligence, you may be entitled to recover various types of damages under New York law. These damages are designed to compensate you for your losses and can include:

• Economic Damages: These are tangible financial losses directly resulting from the accident and can be documented with bills and records. They include:
  • Medical Expenses: Past and future medical bills, including emergency room visits, doctor appointments, surgeries, physical therapy, medication, and assistive devices.
  • Lost Wages: Past and future lost earnings due to time missed from work as a result of your injuries.
  • Rehabilitation Costs: Expenses for ongoing therapy, rehabilitation, and long-term care, if needed.
  • Property Damage: Costs to repair or replace any personal property damaged in the fall (e.g., broken glasses, damaged clothing).
  • Out-of-Pocket Expenses: Other reasonable expenses incurred due to the injury, such as transportation costs to medical appointments, and necessary home modifications.
• Non-Economic Damages: These damages are less tangible but compensate you for the subjective impacts of your injuries on your life. They include:
  • Pain and Suffering: Compensation for the physical pain and discomfort you have experienced and will continue to experience.
  • Emotional Distress: Damages for anxiety, depression, emotional trauma, and psychological impacts resulting from the accident and injuries.
  • Loss of Enjoyment of Life: Compensation for the diminished ability to participate in hobbies, activities, and everyday life due to your injuries.
  • Disability and Disfigurement: Damages for any permanent disability or disfigurement resulting from the accident.

The amount of compensation depends on the severity of the injuries and the circumstances of the case. Insurance companies may attempt to minimize payouts, so having an experienced New York slip and fall accident lawyer can help ensure fair compensation.

Will My Settlement Be Reduced Because My Insurance Paid Some of My Bills?

If a victim's medical bills were covered by their insurance, they may still be able to recover damages. However, under New York’s collateral source rule (CPLR 4545), courts may reduce the award if the victim received compensation from another source, such as health insurance, disability benefits, or workers’ compensation. This rule aims to prevent double recovery, meaning that a plaintiff cannot be compensated twice for the same medical expenses.

The amount reduced depends on whether the insurance provider has a right to subrogation or reimbursement. In some cases, health insurers and workers’ compensation carriers may place a lien on a portion of the settlement to recover amounts they paid for medical treatment. However, certain types of benefits, such as Medicare and Medicaid, may be subject to different reimbursement rules under federal law.

New York courts have addressed the collateral source rule in multiple cases. In Oden v. Chemung County Indus. Dev. Agency, 87 N.Y.2d 81 (1995), the court ruled that CPLR 4545(c) limits reductions in personal injury awards to instances where a collateral source payment directly corresponds to a category of economic loss for which damages were awarded. Traditionally, the collateral source rule prevented defendants from reducing liability by amounts plaintiffs received from independent sources. The Legislature modified this rule to prevent double recoveries.

The court rejected the defendant’s argument that all collateral source payments should offset damages, instead holding that only payments replacing a specific loss could reduce the award. Although this is not a slip and fall premises liability case, it is a personal injury case and is relevant in determining how courts apply CPLR 4545(c). Here, disability benefits offset lost pension benefits but not future lost earnings, as they did not directly replace that loss.

Because these rules can be complex, consulting an experienced New York slip and fall accident lawyer can help determine how insurance payments may impact a settlement and ensure that the injured party maximizes their compensation.

Frequently Asked Questions

Q. What if I fell on private property?

A. Just like with commercial or public property, if the owner fails to maintain safe conditions or warn about hazards, they may be responsible for damages. Liability depends on whether the property owner knew or should have known about the hazard and failed to take reasonable steps to correct it. If the property was rented, responsibility may also extend to the tenant or management company, depending on the lease agreement and maintenance obligations.

Q. Do I need evidence to prove my case?

A. Photographs of the scene, witness statements, and medical records can support a claim. Surveillance footage, if available, can provide additional proof of how the accident occurred. Incident reports filed with the property owner or business can serve as crucial documentation. Medical records should clearly establish the extent of injuries and link them to the accident. Keeping records of expenses related to the injury, such as medical bills and lost wages, can further support a claim.

Q. What if the property owner says I was at fault?

A. New York follows comparative negligence, so fault may be shared. Even if partially responsible, compensation may still be available. The court will evaluate factors such as whether warning signs were posted, whether the hazard was open and obvious, and whether the injured person was acting reasonably at the time of the fall. If the victim is found partially at fault, their compensation may be reduced by their percentage of responsibility. Evidence such as photographs, witness statements, and expert testimony can help establish the true extent of the property owner's liability.

Q. What does having “notice” of a hazard mean?

A. To win a slip and fall case, it's not enough to simply show that a hazardous condition existed and an injury occurred. Two key legal concepts are crucial- notice and foreseeability:

• Notice: To prove liability, you typically need to demonstrate that the property owner had notice of the hazardous condition. This can be shown in two ways:
  • Actual Notice: This means the property owner actually knew about the dangerous condition. This could be proven through evidence like incident reports, employee testimony, or written complaints.
  • Constructive Notice: This is more common and means the property owner should have known about the condition if they had been reasonably inspecting and maintaining their property. Constructive notice can be inferred if the condition existed for a sufficient length of time that the property owner, in the exercise of reasonable care, would have discovered it. For example, a large pothole in a parking lot that has been there for weeks would likely constitute constructive notice.
• Foreseeability: Liability hinges on whether the risk of injury was foreseeable. This means the property owner can be held liable if they knew, or should have reasonably known, about a dangerous condition and that it was reasonably foreseeable that someone could get hurt as a result. For example, a puddle of water in a grocery store aisle is a foreseeable hazard, whereas a completely hidden and unexpected defect might not be considered foreseeable.

Contact Stephen Bilkis & Associates

Slip and fall injuries can lead to costly medical bills, lost income, and long-term pain. If you were injured due to unsafe property conditions, speak with an experienced New York slip and fall accident lawyer today. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case. Medical treatments, physical therapy, and lost wages can place a significant financial burden on victims, making it essential to pursue compensation. The experienced slip and fall accident attorneys serving New York at Stephen Bilkis & Associates understand the challenges that come with recovering from an injury and will work tirelessly to ensure you receive fair compensation for your pain and suffering. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.

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