Are Slip and Fall Cases Hard to Win in New York City?
Trusted New York City Slip and Fall Lawyers – Greenstein & Pittari, LLP
Slip and Fall Accidents in New York City: Common and Complex
Slip-and-fall accidents are among the most common causes of serious injuries in New York City, occurring daily in supermarkets, apartment buildings, subways, hotels, and on icy sidewalks.
While many victims assume these cases are easy to prove, New York slip-and-fall claims can be legally complex. Success depends on quickly gathering evidence, proving property owner negligence, and navigating New York’s strict premises liability laws.
At Greenstein & Pittari, LLP, our NYC slip-and-fall attorneys have decades of experience helping clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island recover the maximum compensation for fall-related injuries.
Why Slip and Fall Cases Are Hard to Win in New York
Slip-and-fall cases are challenging because proving negligence and notice requires strong evidence and prompt legal action. Common reasons these cases are complex include:
- Evidence disappears fast: Spills are mopped up, snow melts, and surveillance footage is deleted within days.
- Property owners deny responsibility: Defendants claim they didn’t know about the hazard or that it was “open and obvious.”
- Strict New York notice laws: You must prove the owner knew or should have known about the hazard (constructive notice).
- Comparative negligence: Even if you were partly at fault, your damages may be reduced under New York’s comparative negligence rule.
- City property deadlines: For municipal claims, you must file a Notice of Claim within 90 days.
These challenges make hiring an experienced New York City premises liability lawyer essential.
Legal Elements You Must Prove in a Slip and Fall Case
To win a slip and fall case in NYC, your attorney must establish four key elements:
1. Duty of Care
Property owners, landlords, and businesses in New York are required to maintain their premises in a reasonably safe condition for lawful visitors.
2. Breach of Duty
You must show the owner failed to meet that duty by creating or ignoring a dangerous condition, such as:
- Wet floors or leaks
- Broken stairs or missing railings
- Icy sidewalks and unshoveled entrances
- Poor lighting or loose flooring
- Cluttered or uneven walkways
3. Causation
The unsafe condition must have directly caused your accident and injuries.
4. Damages
You must prove measurable harm – such as medical expenses, lost income, pain and suffering, and emotional distress.
Where Slip and Fall Accidents Commonly Happen in NYC
Our firm has handled New York City slip and fall cases across countless locations, including:
- Grocery stores, retail shops, and shopping centers
- Apartment buildings and stairwells
- Sidewalks, curbs, and parking lots
- Restaurants, hotels, gyms, and offices
- Hospitals, nursing homes, and schools
- Public property maintained by the City of New York
Each type of location involves unique legal considerations-from private landlord responsibility to city-maintained sidewalks.
Common Injuries in New York Slip and Fall Cases
Slip and fall victims often suffer serious, long-term injuries, including:
- Fractures and broken bones
- Spinal cord and back injuries
- Traumatic brain injuries (TBIs)
- Torn ligaments and nerve damage
- Chronic pain and emotional trauma
These injuries frequently lead to high medical costs, time off work, and long-term disability – all recoverable through a properly documented claim.
Who May Be Liable for a Slip and Fall Accident
Liability in a New York slip and fall case may extend beyond one person or business. Responsible parties may include:
- Property owners or landlords
- Commercial tenants or store operators
- Property management or maintenance companies
- Cleaning or snow removal contractors
- The City of New York or other government entities
Our attorneys investigate every possible liable party to ensure no source of compensation is overlooked.
The Evidence That Wins NYC Slip and Fall Cases
Substantial evidence is the foundation of any successful premises liability claim in New York.
Our attorneys act immediately to preserve and build proof, such as:
- Photos and videos of the hazard
- Witness and employee testimony
- Surveillance footage
- Maintenance logs and inspection reports
- Weather data for snow or ice-related cases
- Medical records connecting your injuries to the fall
- Prior complaints or building code violations
We frequently issue preservation and subpoena letters to ensure evidence isn’t destroyed. Our legal team also partners with engineers, safety specialists, and medical experts to prove your case with precision.
Steps to Take After a Slip and Fall Accident in NYC
To protect your rights and strengthen your case:
- Get medical attention immediately – even for minor injuries.
- Report the accident to the property owner or manager.
- Take photos and videos of the scene before it’s cleaned or repaired.
- Collect witness names and contact details.
- Keep your clothing and shoes as evidence.
- Avoid speaking with insurance adjusters without a lawyer.
- Contact Greenstein & Pittari, LLP as soon as possible.
The faster you act, the better your chances of success.
Why Choose Greenstein & Pittari, LLP
When you choose Greenstein & Pittari, you’re getting a top-rated NYC personal injury law firm with:
- Local Harlem office for easy access
- No fee unless we win – our Fee Guarantee
- Bilingual services (English & Spanish)
- Hundreds of 5-star client reviews
- Recognition by Best Lawyers and Super Lawyers
- Decades of combined courtroom and settlement experience
- A motto that says it all: “Don’t Be a Victim Twice.”
We handle the insurance companies so you can focus on recovery.
Frequently Asked Questions
Are slip and fall cases hard to win in NYC?
Yes – but with proper evidence and legal representation, they are absolutely winnable.
Do most cases settle or go to trial?
Roughly 95% of slip-and-fall claims settle before trial, though we prepare each case for litigation.
What if I were partly at fault?
You can still recover compensation under New York’s comparative negligence law, reduced by your share of fault.
How long do I have to file a claim?
You generally have three years for private property claims and 90 days to file a Notice of Claim against the City of New York.
Contact New York City’s Slip and Fall Attorneys
If you’ve been injured in a slip and fall accident anywhere in New York City, don’t face the insurance company alone.
Let Greenstein & Pittari, LLP investigate your claim, preserve crucial evidence, and fight for the compensation you deserve.
We proudly serve clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, with additional offices in Yonkers and Nassau County.
Call 1-800-VICTIM2 (1-800-842-8462)
Or complete our Free Case Evaluation Form.
Free consultation. No upfront costs. No fee unless we win.
That’s our Fee Guarantee – because at Greenstein & Pittari, you should never be a victim twice.