What’s the Difference between a Slip and Fall & Trip and Fall?

New York City Slip, Trip & Fall Lawyers | Greenstein & Pittari, LLP

One second you are walking through a grocery store, subway station, or your apartment lobby, and the next you are on the ground in pain. You know you fell. What you may not know is whether it was legally a slip-and-fall or a trip-and-fall.

In New York City, that distinction matters for your personal injury case. The difference between a slip and fall and a trip and fall can affect:

• Who may be legally responsible
• What evidence does your attorney need to prove liability
• How your injuries are explained to the insurance company
• How strong your case looks to a New York City jury

At Greenstein & Pittari, LLP, we represent clients in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County who were injured in slip-and-fall and trip-and-fall accidents. Our New York City slip and fall lawyers know how to turn the details of your fall into a compelling, evidence-based injury claim.

Injured in a slip and fall or trip and fall in New York City?
Call 1-800-VICTIM2 (1-800-842-8462) now for a free consultation with a NYC premises liability attorney.
There is no fee unless we are successful.

Slip vs Trip in New York City: Why the Difference Matters

Many people use the phrase “slip and fall” to describe any fall accident. Under New York premises liability law, however, a slip-and-fall is different from a trip-and-fall.

Understanding which one happened helps your lawyer:

• Identify the type of hazard that caused the accident
• Find the correct records, video, and witnesses
• Match your medical injuries to the mechanics of the fall
• Present a clear, consistent story that an insurance company or jury will believe

You don’t need to know the exact legal term when you call us. You need to know that how you fell can affect the value and strength of your New York City slip and fall claim.

What Is a Slip and Fall Accident in New York City?

A slip-and-fall occurs when your foot loses traction on a slick or unstable surface. Your foot slides out from under you, and you usually fall backward.

Common Slip and Fall Hazards in NYC

Slip and fall accidents often involve:

• Wet or freshly mopped floors without warning signs
• Spilled drinks or food in supermarkets, bodegas, restaurants, and bars
• Grease or oil on kitchen floors, loading docks, or service areas
• Ice, snow, or slush on sidewalks, ramps, entryways, or outdoor stairs
• Rainwater tracked into lobbies, hallways, and subway stations
• Condensation or leaks from refrigeration units, air conditioners, or plumbing
• Highly polished or waxed tile, marble, or wood flooring
• Unstable or sliding mats and runners at building entrances

These conditions often appear in:

• Manhattan and Brooklyn apartment buildings and office lobbies
• Queens and Bronx supermarkets and big box stores
• Staten Island shopping centers and parking garages
• Subway platforms and transit hubs across New York City

Typical Slip and Fall Injuries

Because slip victims tend to fall backward, they often suffer:

• Concussions and traumatic brain injuries
• Skull fractures and head trauma
• Neck and back injuries, including herniated discs and chronic pain
• Spinal cord injuries and nerve damage
• Hip fractures and serious pelvic injuries
• Tailbone and lower back injuries
• Wrist, arm, and shoulder injuries from trying to break the fall

These injuries can require emergency treatment, surgery, rehabilitation, pain management, and long-term medical care.

What Is a Trip and Fall Accident in New York City?

A trip and fall occurs when your foot catches, strikes, or is blocked by an object or defect. Your body continues moving forward while your foot does not, and you typically fall forward.

Typical Trip and Fall Hazards in NYC

Trip and fall accidents frequently involve:

• Broken, raised, or sunken sidewalk slabs
• Potholes and holes in parking lots and walkways
• Sudden changes in elevation or unmarked single steps
• Loose, rippled, or bulging carpets and mats
• Boxes, stools, ladders, or merchandise left in store aisles
• Cords, wires, or hoses running across walkways
• Broken or uneven stairs, missing nosings, or loose treads
• Poor lighting that hides changes in height or obstacles

Trip and fall hazards are common on:

• Residential and commercial sidewalks throughout New York City
• Apartment and office hallways and stairwells
• Retail stores, restaurants, and bars in Manhattan, Brooklyn, Queens, and the Bronx
• Parking lots, garages, and loading zones

Typical Trip and Fall Injuries

Because trip victims usually fall forward, they often suffer:

• Broken wrists, hands, arms, or elbows
• Facial fractures such as broken noses and cheekbones
• Dental injuries, chipped or lost teeth, and jaw injuries
• Knee injuries, including torn ligaments and meniscus damage
• Foot and ankle sprains or fractures
• Cuts and abrasions to the hands, knees, and face
• Head injuries if the person cannot stop their forward momentum

These injuries can lead to surgery, physical therapy, time away from work, and permanent limitations.

Legal Differences: Slip and Fall vs Trip and Fall in NYC

Although both types of accidents fall under New York premises liability law, the details of a slip-and-fall case often differ from those of a trip-and-fall case.

1. Cause of the Hazard

• Slip and fall cases usually involve transient conditions, such as spills, tracked-in water, melting ice, or cleaning residue.
• Trip and fall cases often involve more permanent defects, such as broken sidewalks, long-standing clutter, or structural problems.

2. Direction of the Fall and Injury Pattern

• Slip cases usually involve a backward fall, which supports injuries to the head, neck, back, and hips.
• Trip cases usually involve a forward fall, which supports injuries to the face, hands, wrists, knees, and feet.

Insurance companies often argue that your injuries did not come from the fall. When the direction of your fall lines up with your injuries, it becomes much harder for them to make that argument.

3. Type of Evidence Needed

For a New York City slip and fall case, key evidence may include:

• Photos and video of the wet or slick surface
• Information about whether warning signs or mats were present
• Surveillance footage showing when the spill or icy area developed
• Cleaning and inspection logs, incident reports, and safety policies
• Weather reports for ice and snow claims

For a New York City trip and fall case, key evidence may include:

• Photos and measurements of the defect or obstruction
• Repair and maintenance records
• Prior complaints or incident reports
• Building, housing, and safety code provisions
• Information about lighting conditions and visibility
• Applicable NYC sidewalk and premises responsibility regulations

Having an experienced New York slip-and-fall lawyer who knows which evidence matters can significantly strengthen your claim.

New York Premises Liability Law Explained

Slip-and-fall and trip-and-fall claims in New York City are usually brought under premises liability, a part of negligence law that holds property owners and those in control of property responsible when they fail to keep the property reasonably safe.

To win a slip or trip and fall case in New York, you generally must prove:

1. Duty of care
   The property owner, landlord, tenant, business, or public entity had a legal duty to keep the property reasonably safe for lawful visitors, such as tenants, customers, workers, and pedestrians.
2. Dangerous condition
   There was a hazardous condition, such as a spill, icy step, broken sidewalk, loose rug, unmarked step, or poor lighting, that created an unreasonable risk of harm.
3. Notice of the hazard
   The responsible party either:
   • Created the condition, or
   • Actually knew about it, or
   • Should have known about it because it existed long enough or occurred regularly sufficient that a reasonable inspection would have discovered it.
4. Failure to fix, block off, or warn
   The responsible party did not take reasonable steps to repair the problem, place warnings or cones, or block off the dangerous area.
5. Causation and damages
   The dangerous condition directly caused your fall, and you suffered real harm, such as injuries, medical bills, lost wages, pain, and long-term effects.

A New York City premises liability attorney at Greenstein & Pittari, LLP will collect, preserve, and present the evidence needed to prove each of these elements.

Who May Be Liable for a Slip or Trip and Fall in NYC?

Liability in a New York City slip-and-fall or trip-and-fall case can depend on where the accident occurred and who controlled the property.

Potentially responsible parties may include:

• Residential landlords and building owners
• Commercial property owners and tenants
• Supermarkets, big box stores, and retail shops
• Restaurants, bars, and cafés
• Condominium and co-op boards
• Management, maintenance, and cleaning companies
• Construction contractors and subcontractors
• The City of New York or other public entities, in particular sidewalk, street, and public property cases

Claims against the City of New York or other government entities are subject to special rules, including a Notice of Claim that must often be filed within 90 days. It’s essential to speak with an attorney quickly so you don’t miss these deadlines.

What To Do After a Slip and Fall or Trip and Fall in New York City

Your health comes first. Your legal rights are a close second. Here are steps that can protect both.

1. Seek Medical Attention Immediately

Even if you think you are only “sore,” you should:

• Go to the emergency room, urgent care, or your own doctor
• Explain that you fell and describe how you fell, including whether you went forward or backward
• Follow through with recommended tests such as X-rays, MRIs, or CT scans

Prompt medical treatment creates a record linking your injuries to the New York City slip-and-fall or trip-and-fall accident.

2. Report the Accident

Report the fall to:

• The store, restaurant, or building manager
• The landlord, super, or property management office
• Your job site supervisor or safety officer

Please have an incident report prepared. Please request a copy or take a photo of the report or any written acknowledgment.

3. Document the Scene

If you can safely do so, or if someone with you can help:

• Take clear photos or video of the hazard that caused your fall
• Capture the surrounding area, including lighting and any warning signs
• Photograph your visible injuries and damaged property
• Note the date, time, and exact location of the accident

This documentation can be robust evidence in a New York City premises liability case.

4. Preserve Shoes and Clothing

Do not wash, repair, or throw away the shoes and clothing you were wearing. Please place them in a bag and store them safely. They may show:

• Substances you slipped on, such as water, grease, or debris
• Damage consistent with the way you fell
• The type and condition of your footwear

5. Collect Witness Information

If anyone saw your fall or noticed the condition before or after:

• Ask for names, phone numbers, and email addresses
• Write down what they say about how long the condition was present or what it looked like

Witnesses can help verify what happened and how long the hazard existed.

6. Be Cautious With Insurance Companies and Social Media

Before you speak to an insurance adjuster, risk manager, or property owner, talk to a lawyer. Do not:

• Give a recorded statement without legal advice
• Sign releases or accept quick settlement offers
• Post about the accident or your injuries on social media

Insurance companies are not on your side. A New York City slip and fall attorney can communicate for you and protect your claim.

7. Call Greenstein & Pittari, LLP

The sooner you involve an attorney, the more we can do to:

• Preserve surveillance footage before it is overwritten
• Obtain maintenance logs, repair records, and prior complaints
• Identify all responsible parties and insurance policies
• Guide you on what to do and what to avoid while your case is pending

Call 1-800-VICTIM2 (1-800-842-8462) for a free consultation. You pay no attorneys’ fees unless we are successful.

Compensation in New York City Slip and Fall and Trip and Fall Cases

If someone else’s negligence caused your fall, you may be entitled to compensation for both economic and non-economic losses.

Economic Damages

These are financial losses, including:

• Medical expenses
  • Emergency room and hospital bills
  • Surgery and follow-up care
  • Doctor and specialist visits
  • Physical and occupational therapy
  • Medications and medical equipment
  • Future medical treatment, injections, and long-term care
• Lost wages and loss of earning capacity
  • Paychecks missed while you recover
  • Lost overtime, tips, bonuses, and benefits
  • Reduced earning ability if you cannot return to your prior job or full hours
• Other out-of-pocket costs
  • Transportation to medical appointments
  • Help with household tasks or child care during recovery
  • Replacement of glasses, phones, clothing, or other property damaged in the fall

Non-Economic Damages

These are human losses, which can be even more significant than the bills:

• Physical pain and suffering
• Emotional distress, anxiety, or depression
• Loss of enjoyment of life
• Inability to participate in hobbies, sports, or family activities
• Impact on relationships and daily independence

In rare cases involving extremely reckless or intentional conduct, punitive damages may also be available. These are designed to punish and deter hazardous behavior, although they are not common in New York slip-and-fall cases.

At Greenstein & Pittari, LLP, we do more than add up receipts. We look at how this New York City accident has changed your life and fight for a result that reflects the full scope of your losses.

How Greenstein & Pittari, LLP Helps NYC Slip, Trip, and Fall Victims

When you hire Greenstein & Pittari, LLP, you get a law firm that focuses exclusively on personal injury, including complex New York City slip and fall and trip and fall claims.

We Investigate Thoroughly

• Visit and photograph the accident scene whenever possible
• Measure defects, height differences, and walking surfaces
• Identify and request preservation of surveillance footage
• Track down and interview witnesses

We Obtain Critical Records

• Maintenance, cleaning, and inspection logs
• Repair requests and work orders
• Incident reports and prior complaints
• Building, housing, and safety code provisions and violations

We Connect Your Injuries to the Fall

• Work closely with your doctors and medical providers
• When necessary, consult independent medical and safety experts
• Explain how a backward slip or forward trip matches your injuries
• Evaluate your future medical care and permanent limitations

We Deal With Insurers and Defense Lawyers

• Handle all calls, paperwork, and negotiations
• Push back against attempts to blame you or downplay your injuries
• Prepare your case as if it will go to trial, even while negotiating
• File a lawsuit and present your case in court if the insurance company will not make a fair offer

You focus on healing. We focus on building the strongest case possible for you.

Frequently Asked Questions About Slip and Falls and Trip and Falls in New York City

1. What is the fundamental difference between a slip and fall and a trip and fall?

• A slip and fall happens when your foot loses traction on a slick or unstable surface, and you usually fall backward.
• A trip and fall happens when your foot strikes or is blocked by an object or defect, and you usually fall forward.

Both can lead to serious injuries and can form the basis of a New York City premises liability lawsuit.

2. Why does it matter whether I slipped or tripped?

The cause and direction of your fall can affect:

• Which parties are likely responsible
• Which records and witnesses matter most
• How your injuries line up with the mechanics of the fall
• How credible your story appears to an insurance adjuster or jury

Using “slip” and “trip” interchangeably can create confusion. A clear and consistent description helps your New York slip and fall lawyer present a stronger case.

3. I am not sure whether I slipped or tripped. Can I still bring a case?

Yes. Many people are confused or in shock after a fall and do not remember all the details.

You can still have a strong case if you:

• Describe what you remember about how you fell
• Recall whether you went forward or backward
• Provide any photos, videos, or witness information you have

Our attorneys can help reconstruct what probably happened using your account, medical records, scene photos, and any available surveillance footage.

4. Who can be held responsible for a slip or trip and fall in NYC?

Potentially liable parties may include:

• Residential and commercial property owners
• Landlords and property management companies
• Stores, supermarkets, restaurants, and bars
• Condominium and co op associations
• Maintenance and janitorial companies
• Construction companies and contractors
• The City of New York or other public entities, in particular sidewalk, street, and public facility cases

Part of our job is to identify every responsible party and every available insurance policy.

5. What if I were partly at fault for my fall?

New York follows a system called comparative negligence. You can still recover money even if you were partially at fault, for example, because you were looking at your phone or did not notice a sign.

Your percentage of fault may reduce your compensation, but your claim is not automatically barred. Never assume you do not have a case. Could you speak with a New York City slip-and-fall attorney first?

6. What if there were no witnesses and no incident report?

You may still have a valid claim. Evidence can include:

• Your detailed description of what happened
• Photos or video of the dangerous condition
• Surveillance footage, if we can obtain it in time
• Maintenance and cleaning records
• Weather data, if ice or snow were involved
• Medical records that match the way you say you fell

Our firm moves quickly to secure evidence before it is lost, especially video footage that may be overwritten within days.

7. How long do I have to file a slip and fall or trip and fall lawsuit in New York?

Time limits, known as statutes of limitations, are fundamental:

• For many personal injury claims against private parties in New York, you generally have three years from the date of the accident to file a lawsuit.
• For many claims against the City of New York or other government entities, you may have to file a Notice of Claim within 90 days and then file a lawsuit within one year and 90 days.

There are exceptions and special rules, for example, for children. To protect your rights, speak to a lawyer as soon as possible after your fall.

8. Should I keep my shoes and clothing from the accident?

Yes. Put them aside in a safe place and do not wash or throw them away.

They can help show:

• The type of footwear and its tread pattern
• Substances you stepped in, such as water, oil, or dust
• Damage consistent with the way you fell

Please let your attorney know you have these items so they can be preserved and, if needed, inspected.

9. Can I bring a claim if I fell on a New York City sidewalk?

Often, yes. Sidewalk liability in New York City is complex and depends on:

• The building next to the sidewalk, such as a one or two-family owner-occupied home versus a commercial or multi-family building
• The location and type of defect, such as a lift, crack, or hole
• Local ordinances that assign responsibility between private owners and the City

Our attorneys analyze the facts and determine who is legally responsible and which deadlines apply.

10. What if the property owner fixed the hazard right after my fall?

Repairs made after your fall do not erase what happened. They may even support the argument that the condition needed to be fixed.

We can use:

• Photos taken near the time of your accident
• Witness statements
• Maintenance and repair records
• Surveillance footage

to show what the condition looked like at the time you were injured.

11. Do I really need a lawyer, or can I handle my claim directly with the insurance company?

You are not required to have a lawyer, but insurance companies handle slip-and-fall claims every day. Their goal is to settle for as little as possible, not to make sure you are fully compensated.

A New York City slip and fall attorney can:

• Preserve crucial evidence
• Identify all liable parties and insurance coverage
• Calculate the full value of your case, including future losses
• Protect you from unfair blame and lowball offers
• Take your case to court if the insurer refuses to be fair

12. How much does it cost to hire Greenstein & Pittari, LLP?

We represent injured clients on a contingency fee basis. That means:

• No upfront fees
• No hourly billing
• We only get paid if we recover money for you

If there is no recovery, you do not owe us an attorney’s fee.

Why Choose Greenstein & Pittari, LLP for Your NYC Slip, Trip, and Fall Case?

Choosing the right lawyer is one of the most important decisions you can make after a serious fall in New York City.

At Greenstein & Pittari, LLP, you get:

• A local Harlem office and additional offices in the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
• Convenient access for clients throughout the New York metropolitan area
• Our Fee Guarantee: No Fee Unless Successful
• Bilingual services available
• Hundreds of positive client reviews and testimonials
• Top-rated, award-winning lawyers, including recognition in Best Lawyers and Super Lawyers
• A firm that focuses exclusively on personal injury law, including serious slip, trip, and fall cases

Our motto is: “Don’t Be a Victim Twice.”

You were already the victim of a dangerous condition. Do not become a victim again by accepting less than you deserve from an insurance company.

Talk to a New York City Slip, Trip, and Fall Lawyer Today

A slip and fall or trip and fall accident in New York City can change your life in seconds. You may be facing mounting medical bills, lost income, pain, and uncertainty about the future.

You don’t need to handle this alone.

Greenstein & Pittari, LLP is ready to listen to your story, explain your legal options, and fight for the compensation and justice you deserve.

Do not be a victim twice.

Call 1-800-VICTIM2 (1-800-842-8462) today for a free, confidential consultation, or contact us online.
The call is free. The consultation is free.
You do not pay us unless we are successful.