Can I Sue My HOA for My Slip and Fall?
New York City HOA, Condo & Co-op Slip and Fall Lawyers – Greenstein & Pittari, LLP
A serious fall in your own building or community is more than embarrassing. It can lead to emergency room visits, lost time from work, surgery, and months of pain.
Maybe you:
- Slipped on an icy walkway in your Queens townhouse development
- Tripped on a broken stair in your Brooklyn condo building
- Fell on a wet lobby floor in a Manhattan high-rise
- Went down in a poorly lit garage in the Bronx
- Slid on a slick pool deck in a Staten Island community association
Suppose your homeowners’ association (HOA), condo board, co-op board, or property management company failed to keep common areas reasonably safe. In that case, you may have the right to sue and recover compensation under New York law.
At Greenstein & Pittari, LLP, our New York City slip and fall lawyers help injured people across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County hold residential associations accountable.
Free Consultation – No Fee Unless We Win
Call 1-800-VICTIM2 (1-800-842-8462) now to speak with an NYC premises liability attorney about your HOA slip-and-fall.
Can I Sue My HOA for My Slip-and-Fall in New York City?
In many cases, yes.
You may be able to bring a personal injury claim against:
- The HOA or condominium association
- The co op corporation or board
- The property management company
- Maintenance, snow removal, elevator, or pool contractors
if all of the following are true:
- You fell in a common area or other space that the association controls.
- There was a dangerous condition on the property.
- The HOA, board, or management company failed to act reasonably to fix or warn about that hazard.
- That failure caused your fall and injuries.
- You suffered real damages, such as medical bills, lost income, or pain and suffering.
You do not have to prove they intended to hurt you. You need to prove negligence.
What Is an HOA in NYC and How Does It Affect Your Case?
In New York City, many residential communities are governed by:
- Homeowners’ associations in planned communities and townhouse developments
- Condominium associations and condo boards
- Co op corporations and boards of directors
- Third-party property management companies that handle day-to-day operations
These entities collect dues and agree to maintain common areas and shared facilities. Common elements often include:
- Sidewalks, walkways, and building entrances
- Lobbies, hallways, stairwells, and elevators
- Parking lots and garages
- Laundry rooms, gyms, clubhouses, and community rooms
- Roof decks, courtyards, playgrounds, pools, and landscaped areas
The rules defining who is responsible for which areas are usually found in:
- Bylaws
- Declarations or Offering Plans
- Covenants, Conditions & Restrictions (CC&Rs)
- House rules and written policies
These are legally binding documents. When an HOA promises in writing to maintain certain areas and then fails to do so, that can be robust evidence in a New York premises liability case.
Common HOA-Related Hazards That Lead to Slips and Falls
Not every accident is the association’s fault, but many serious injuries stem from hazards that should have been prevented. Common problem areas in NYC HOA, condo, and co op buildings include:
Unsafe Walkways and Sidewalks
- Cracked or broken pavement
- Raised or sunken concrete slabs
- Loose bricks or uneven pavers
- Ice and snow that are not cleared in a reasonable time
Poorly Maintained Interior Common Areas
- Loose, torn, or bunched carpeting in hallways or on stairs
- Broken or missing handrails
- Worn or slippery stair treads
- Poor or non-working lighting in stairwells and corridors
- Wet lobby or elevator floors without warning signs
Building and Structural Issues
- Uneven or deteriorated steps
- Rotting or crumbling staircases
- Water leaks that create recurring puddles in basements, laundry rooms, or lobbies
- Mis leveled elevators that create trip hazards
Amenity Area Hazards
- Slick pool decks and locker room floors
- Standing water around hot tubs or outdoor showers
- Wet gym floors without warning signs
- Defective or poorly maintained gym equipment
Negligent Maintenance or Cleaning
- Debris, tools, or equipment left in walkways
- Cleaning products that leave floors dangerously slick
- Failure to follow basic inspection and maintenance schedules
If the HOA or its agents created the hazard, knew about it and ignored it, or should have known about it through reasonable inspections, the association may be responsible for your injuries.
Legal Elements in an NYC HOA Slip and Fall Case
To succeed in a slip and fall claim against an HOA, condo, or co op in New York City, you generally must prove four key elements:
1. Duty of Care
You must show that the HOA or board owed you a duty to keep the area reasonably safe. This usually exists when:
- You are an owner, shareholder, or tenant in the building.
- You are a lawful visitor, such as a guest, delivery driver, contractor, home health aide, or rideshare driver.
- The area is a common element that the association is responsible for maintaining under its governing documents and New York law.
2. Breach of Duty
Please ensure the HOA, board, or management company didn’t do anything. Examples include:
- Ignoring complaints about broken steps, loose tiles, or recurring leaks
- Failing to remove snow and ice within a reasonable time after a storm
- Skipping inspections or delaying repairs to save money
- Leaving cords, equipment, or debris in walkways
- Letting lighting remain dim or broken in stairwells and garages
When an HOA fails to follow its own CC&Rs, bylaws, or maintenance policies, it can also constitute a breach of contract.
3. Causation
Could you connect the breach to your injuries? In other words:
- “But for the dangerous condition and the HOA’s failure to address it, you would not have slipped, tripped, or fallen.
Evidence often includes:
- Photos and video of the scene and hazard
- Witness statements
- Incident reports and maintenance records
- Your medical records and history
4. Damages
You must prove that you suffered actual damages, such as:
- Medical bills
- Lost wages or lost earning capacity
- Pain and suffering
- Future medical needs
- Loss of enjoyment of life
Without measurable damages, there is no viable civil case, even if the HOA was careless.
“Open and Obvious” Conditions and New York Comparative Negligence
Associations and their insurance companies frequently argue:
- “The condition was open and obvious. You should have seen it.”
- “You were not watching where you were going.”
- “You wore the wrong shoes.”
These are defense tactics aimed at reducing or denying your claim.
Under New York’s pure comparative negligence rule, even if you are found partly at fault, you can still recover compensation. Your percentage of fault reduces your total award but does not eliminate it.
Example:
If a jury values your case at $300,000 and finds you 20 percent at fault for not holding the handrail, you can still recover $240,000.
Our NYC slip and fall lawyers push back against unfair blame shifting and work to show that the primary responsibility lies with the HOA, board, or management company that allowed a dangerous condition to exist.
Multiple Potential Defendants in an HOA Slip and Fall Case
HOA and building cases in New York City often involve more than one responsible party. Depending on the facts, defendants may include:
- The HOA, condominium association, or co-op corporation
- The board of managers or directors in their official capacity
- A property management company
- Snow and ice removal contractors
- Maintenance, janitorial, and landscaping contractors
- Elevator, pool, or gym equipment vendors
- In some situations, the City of New York or another municipal entity
It is common to see these parties pointing fingers at each other. Our role is to:
- Identify each entity that had a legal duty to maintain the property
- Determine who had actual or constructive notice of the hazard
- Bring claims against every responsible party to maximize your recovery
Common Injuries in HOA Slip and Fall Accidents
HOA-related slip and falls can cause severe and long-lasting injuries, including:
- Fractures of the wrist, arm, ankle, hip, ribs, or vertebrae
- Neck and back injuries, such as herniated discs and chronic pain
- Concussions and traumatic brain injuries (TBI)
- Shoulder injuries, including dislocations and rotator cuff tears
- Foot and ankle sprains, ligament tears, and fractures
- Knee injuries, such as a torn meniscus or ligament damage
- Hip fractures and other serious injuries in older adults
- Cuts, lacerations, and facial injuries, including broken noses or jaws
- Emotional injuries such as anxiety, depression, and fear of walking specific routes
These injuries can affect every part of your life, from your ability to work to your independence at home.
What Damages Can I Recover from My HOA or Building?
If your HOA’s negligence caused your slip and fall injuries, you may be entitled to recover both economic and non-economic damages.
Economic Damages
- Emergency room visits and hospital stays
- Surgery and postoperative care
- Doctor visits and specialist consultations
- X-rays, MRIs, CT scans, and other imaging
- Physical therapy, chiropractic care, and rehabilitation
- Prescription medications and medical devices
- Home health care or in-home assistance
- Lost wages and salary
- Reduced earning capacity if you cannot return to your prior job
- Transportation and out-of-pocket expenses related to your injury
Non-Economic Damages
- Physical pain and discomfort
- Emotional distress and mental anguish
- Loss of enjoyment of life and hobbies
- Sleep disruptions and lifestyle changes
- Permanent disability, scarring, or disfigurement
- Loss of companionship or consortium in severe cases
I wanted to give you one chance to discuss your claim. Our New York City personal injury lawyers work to make sure any settlement or verdict reflects the full, long-term impact of your injuries, not just your immediate medical bills.
How Long Do I Have to Sue My HOA for a Slip and Fall in New York?
In most New York premises liability cases, including HOA slip-and-fall cases, the statute of limitations is 3 years from the date of the accident.
However, shorter deadlines may apply if:
- The City of New York, NYCHA, or another public authority is also responsible for the location.
- A Notice of Claim is required within 90 days for municipal entities.
- The injured person is a minor or has specific legal disabilities.
Because these time limits can be complex, especially when city-owned sidewalks or public authorities are involved, it is essential to speak with a New York City slip-and-fall lawyer as soon as possible.
What To Do After a Slip and Fall on HOA Property in NYC
Taking the proper steps after your fall can make a big difference in your case outcome.
1. Get Medical Care Immediately
Your health comes first. Prompt treatment also documents your injuries and helps link them directly to the accident.
2. Report the Incident
Notify:
- The HOA or condo association office
- The property management company
- The building superintendent, doorman, or security
Please confirm whether an incident report is being prepared and, if possible, request a copy. Be factual, do not guess, and avoid minimizing your pain.
3. Photograph and Record the Scene
If you can do so safely, take:
- Close-up photos of the hazard that caused your fall
- Wider shots showing the location in context
- Pictures of any warning signs or the lack of them
- Photos of weather and lighting conditions
4. Get Witness Information
Ask for names, phone numbers, and email addresses for:
- Anyone who saw your fall
- Anyone who saw the condition before or after your fall
5. Preserve Evidence
Save:
- The shoes and clothing you were wearing. Do not wash or repair them.
- All medical records, bills, and receipts.
- Emails, letters, texts, or portal messages to or from the HOA or management about the condition or your injury.
6. Do Not Sign Documents or Give Recorded Statements
Do not:
- Sign releases, waivers, or settlement forms
- Give a recorded statement to the HOA’s or building’s insurance company
until you talk with your own New York City personal injury attorney.
7. Call Greenstein & Pittari, LLP
The sooner you contact us, the sooner we can:
- Send letters demanding that video and maintenance records be preserved
- Collect witness statements while memories are fresh
- Review governing documents and contracts to determine responsibility
- Protect you from lowball settlement offers and blame shifting
Free Consultation – Call 1-800-VICTIM2 (1-800-842-8462)
Why HOA Slip and Fall Cases Require an Experienced NYC Attorney
Slip and fall cases involving HOAs, condos, and co-ops are more complex than typical premises claims because they often involve:
- Overlapping duties between the association, individual owners, management companies, contractors, and the City
- Multiple layers of governing documents, contracts, and insurance policies
- Disputes about who owns or controls the exact area where you fell
- Policy and budget decisions by boards that affect maintenance and safety
- Aggressive defenses based on “open and obvious” conditions and comparative fault
At Greenstein & Pittari, LLP, we understand these complexities and know how to build strong HOA-related injury cases in New York City courts.
Why Choose Greenstein & Pittari, LLP for Your NYC HOA Slip and Fall Case?
- New York City-focused personal injury law firm with deep experience in premises liability and building accidents
- Local Harlem office plus additional locations in the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- No fee unless we win – Our Fee Guarantee means you do not pay us unless we are successful
- Bilingual services available to better serve New York’s diverse communities
- Hundreds of positive client reviews and testimonials from injured New Yorkers
- Top-rated, award-winning lawyers, including recognition in Best Lawyers and Super Lawyers
- We handle the insurance companies, board members, and defense lawyers so you can focus on your recovery
Our firm focuses exclusively on personal injury. Our motto says it clearly:
“Don’t Be a Victim Twice.”
If you are a victim of an accident in an HOA, condo, or co-op property, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation.
FAQ: Suing Your HOA, Condo, or Co-op for a Slip and Fall in New York City
1. Can I sue my HOA if I fell inside my own apartment?
Usually no. Interior conditions are generally the responsibility of the unit owner or landlord. There are exceptions. If the hazard came from something the HOA controls, such as a leak from a standard pipe, structural defects, or building-wide mechanical systems, you may still have a claim. A lawyer should review your building’s governing documents and the exact facts of your fall.
2. I am a tenant, guest, or delivery driver. Do I still have rights?
Yes. You do not need to be an owner or shareholder to bring a premises liability claim. If you were lawfully on the property, the HOA, condo association, or co op corporation owes you a duty to keep common areas reasonably safe.
3. I slipped on the sidewalk in front of my building. Is that HOA or City responsibility?
It depends. In New York City, responsibility for sidewalks can belong to:
- The HOA or building owner
- The City of New York
- Another adjacent property owner
We review deeds, tax maps, and municipal records to determine who had the duty to maintain that sidewalk. In many NYC sidewalk cases, we file claims against both the association and the City, and we’ll make a timely Notice of Claim if needed.
4. My HOA documents include a waiver. Does that mean I cannot sue?
Not necessarily. Some associations include waiver, exculpatory, or “hold harmless” clauses in their documents or amenity agreements. New York courts do not consistently enforce these provisions, especially when they attempt to excuse serious negligence or conflict with public policy. Have a New York City premises liability attorney review the language before you assume you have no case.
5. The HOA says the condition was “open and obvious” and blames me. Do I still have a claim?
Often yes. “Open and obvious” is not an automatic bar under New York law. It is simply one factor in determining comparative negligence. Even if a jury finds you partly at fault, you can still recover money, reduced by your percentage of fault. Our job is to show the HOA still had a duty to fix or warn about the danger and that its negligence was the primary cause of your injuries.
6. Will my lawsuit make my HOA fees go up for everyone?
Most HOAs and condo associations carry commercial general liability insurance that covers injuries in common areas. Claims are typically paid by the insurance company, not individual owners. You are simply asking the association and its insurer to pay for harm that should have been prevented.
7. Can the HOA retaliate against me for bringing a claim?
They should not. Retaliation can itself create legal problems for the association. If the HOA:
- Suddenly begins selectively enforcing rules against you
- Harasses you or threatens fines linked to your claim
- Refuses services that it provides to other residents,
documents everything, and contacts us immediately. That pattern may support additional legal claims.
8. What if my injury happened at an HOA-sponsored event?
Suppose your injury occurred at an event held in a common area under the association’s control, such as a clubhouse, lawn, or pool, and the HOA or its vendors created or failed to fix a hazard. In that case, you may have a strong premises liability case. The fact that it was an HOA-sponsored event can strengthen the argument that the association had control over the conditions.
9. What if the hazard was temporary, such as a fresh spill or a patch of ice?
Temporary hazards can still create liability if:
- The HOA or its employees created the condition, or
- The condition existed long enough that the HOA should have discovered and addressed it through reasonable inspections and cleaning routines.
We look at maintenance schedules, cleaning logs, weather records, and witness statements to determine how long the condition likely existed.
10. Will my case have to go to court?
Many HOA slip-and-fall cases in New York City settle without trial, especially when liability is clear and injuries are well documented. However, we prepare every case as if it might go to trial. Strong trial preparation usually leads to better settlement offers. If a trial becomes necessary, we will explain the process, guide you through every step, and you will always decide whether to accept a settlement.
11. How long do I have to file a lawsuit against my HOA?
In most New York slip and fall cases, you have three years from the date of the accident to file a lawsuit. If a municipal entity such as the City of New York is involved, you may need to file a Notice of Claim within 90 days and then start suit within a shorter period. I’m missing these deadlines, so please get in touch with a lawyer right away.
12. Does the HOA’s insurance cover my claim?
Almost always yes. HOAs, condo associations, and co-ops typically carry commercial general liability insurance that covers bodily injury occurring in common areas. Your claim is usually defended and paid by that insurer, not by individual board members or neighbors personally.
13. How much is my HOA slip and fall case worth?
Every case is different. Factors that affect value include:
- The type and severity of your injuries
- Whether you need surgery or long-term care
- How long you are out of work and whether you can return to your prior job
- How clearly the evidence shows HOA negligence and notice
- Any claim that you share some degree of fault
During your free consultation, we’ll discuss the strengths of your case, typical value ranges for similar injuries in New York City, and realistic expectations.
14. How much does it cost to talk to Greenstein & Pittari, LLP?
Your initial consultation is completely free. If we accept your case, we will work on a contingency fee basis:
- No upfront fees
- No hourly billing
- No attorney’s fee unless we recover money for you
If there is no recovery, you owe us no legal fee. That is our Fee Guarantee: No Fee Unless Successful.
Talk To a New York City HOA Slip and Fall Lawyer Today
You paid dues and followed the rules. You had every right to expect safe, well-maintained common areas in your building or community. If your HOA, condo, or co op cut corners on safety and you were injured, you may be entitled to significant compensation.
Let Greenstein & Pittari, LLP handle the legal fight while you focus on healing.
Call 1-800-VICTIM2 (1-800-842-8462) today for a FREE, confidential consultation.
We represent injured clients throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County.
The call is free. The consultation is free. You do not pay us unless we are successful.