NYC Slip, Trip & Fall Lawyer
If you were hurt in a slip, trip, or fall on a New York City sidewalk, inside a building, or at a store, the law gives you rights—and strict deadlines. These cases often turn on negligence (plain English: the owner didn’t act reasonably to keep the area safe).
To prove negligence, we show the owner either knew about the hazard (actual notice) or it was visible long enough that they should have known (constructive notice).
And even if you were partly at fault, New York’s comparative fault rule (CPLR 1411) still allows recovery—your award may just be reduced by your share. If a city or public authority is involved, General Municipal Law § 50-e requires a Notice of Claim within 90 days. Miss that, and your case may be barred—so acting quickly matters.
Why New York City Cases Are Different (and Why That Helps You)
NYC’s Administrative Code § 7-210 shifts sidewalk responsibility from the City to most abutting property owners. The duty to keep sidewalks “reasonably safe” is non-delegable (they can’t push it onto a tenant by contract). A key exception: 1–3 family homes that are owner-occupied and used exclusively as residences—those are typically exempt from § 7-210.
Outside NYC, many municipalities keep sidewalk responsibility for themselves and often require prior written notice of a specific defect to be liable. Private premises (stores, lobbies, parking lots) follow common-law negligence—dangerous condition + notice + failure to fix/warn + causation.
Slip Vs. Trip (and How We Prove Each One)
- Slip & Fall: slick surfaces—spilled liquid, wet floors, snow/ice.
- Trip & Fall: height differences, broken sidewalk flags, holes, mis-leveled thresholds, clutter, poor lighting.
Trivial defect doctrine: Tiny height variations can be too minor to sue over in some cases, but NYC’s code (e.g., § 19-152) defines “subsantial” sidewalk defects (like certain height differentials). Courts look at all the circumstances—size, lighting, visibility, location—so small doesn’t always mean trivial.
Snow, Ice & Timing (the 4-hour Rule You Have Probably Heard About)
In NYC, most owners have 4 hours after snowfall stops (not counting 9 pm–7 am) to clear sidewalks (§ 16-123). During a storm, the “storm in progress” rule can protect owners; but once it ends, they must act. If they clear it carelessly (e.g., leave water to refreeze), liability can attach even within that window. Outside NYC, natural accumulation alone is usually not enough unless conditions are unusual/exceptional or the owner created/worsened the hazard.
Who May Be Liable—and How We Build Your Case
- NYC sidewalks (non-exempt property): the abutting owner under § 7-210.
- NYC sidewalks (exempt 1–3 family): liability may shift back to NYC—but then Notice of Claim rules apply.
- Inside buildings/stores: owner/landlord/tenant under premises liability.
- Outside NYC: municipality may need prior written notice; private owners still liable if they created or ignored hazards.
We gather: ownership/exemption status, photos and measurements of defects, maintenance/cleaning logs, weather data, video, incident reports, witness statements, and proof of your injuries, treatment, and work impact. We also minimize comparative fault arguments to protect your recovery.
Results That Speak for Themselves (Premises, Slip & Trip)
- $2,920,000 — Mis-leveled elevator trip (luxury apartment building); multiple surgeries.
- $2,500,000 — Tenant slipped on ice in front of building; we proved improper clearing.
- $800,000 — Storefront sidewalk-ice slip; we showed long-standing ice and poor maintenance.
- $3,250,000 — Worksite slip on plastic sheeting on stairs (mixed-use building near subway); multiple surgeries.
Did You Know?
- NYC requires many non-exempt owners to carry sidewalk liability insurance (§ 7-211)—this gives us a direct coverage source.
- In claims against public entities, the 90-day Notice of Claim (GML § 50-e) is separate from the lawsuit deadline—and both must be met.
- Constructive notice can be proven with patterns: recurring puddles, repeat complaints, or long-standing cracks.
What You Should Do Right Now
- Report the incident (store/building; 311 for sidewalks).
- Photograph/video the exact hazard immediately (angles, lighting, distance).
- Get medical care and describe how you fell in your history.
- Keep your shoes/clothes (don’t wash them yet).
- Call us quickly, especially if a city/authority is involved—deadlines are short.
Slip and Fall FAQ
Who’s responsible if I fall on a NYC sidewalk?
Usually the property owner next to the sidewalk under § 7-210—unless the property is a 1–3 family, owner-occupied home used solely as a residence.
I slipped on ice just after a storm ended—do I have a case?
Potentially. NYC owners get 4 hours (overnight excluded) to clear, but careless clearing that makes things worse can still create liability. Outside NYC, natural accumulation is less likely to be actionable unless someone created the danger.
What is constructive notice—and why does it matter?
It means a hazard was visible long enough that an owner should have known. We prove it with photos, weather data, cleaning logs, and witnesses.
The defect was small—will the case be thrown out?
Not automatically. Courts consider size, lighting, visibility, and location. NYC’s “substantial defect” standards can make “trivial defect” arguments harder for owners.
What if I was partly at fault?
Under CPLR 1411, you can still recover; your award is just reduced by your share.
What deadlines matter if the City is involved?
A Notice of Claim within 90 days (GML § 50-e), then the lawsuit deadline (generally 1 year + 90 days). We handle the calendar so you don’t miss a step.
Should I speak with the insurance adjuster?
Not until we do. Adjusters often push quick, low settlements and recorded statements. We protect your claim and negotiate from strength.
Ready to Get Started?
We’ve recovered millions for people injured in slip, trip, and premises cases. We move fast on evidence, hit every deadline, and tell your story clearly. Call (212) 514-5100 • Free Case Review (no fee unless we win). Also see: Construction Accidents, Premises Liability, Contact Us.
