Who Is Liable in a Slip and Fall Accident in New York City?
Experienced NYC Slip and Fall Lawyers Helping Victims Recover Compensation
Slip and fall accidents are among the most common causes of injury in New York City. A wet supermarket floor in Brooklyn, an icy Manhattan sidewalk, or a poorly lit Queens stairwell can cause life-changing injuries – from broken bones to spinal damage or traumatic brain injuries.
At Greenstein & Pittari, LLP, our New York City slip-and-fall lawyers have decades of experience helping accident victims hold negligent property owners accountable. We fight for injured New Yorkers across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Harlem, and Nassau County – ensuring you receive full and fair compensation for your losses.
Slip and Fall Liability Under New York Law
Slip-and-fall claims fall under New York’s premises liability law, which requires property owners, landlords, and tenants to maintain their properties in a safe condition for lawful visitors. When they fail to fix or warn about hazards and someone is injured, they can be held legally and financially responsible.
To prove liability in a New York slip and fall lawsuit, your attorney must establish:
- Duty of Care – The property owner or occupier had a legal duty to maintain a safe environment.
- Breach of Duty – They failed to repair, clean, or warn about a dangerous condition.
- Causation – Their negligence directly caused your fall and injuries.
- Damages – You suffered measurable harm, including medical expenses, lost income, or pain and suffering.
This legal framework applies to all types of properties in New York City, including apartment complexes, office buildings, restaurants, and public sidewalks.
Who Can Be Held Liable for a Slip and Fall in New York City?
Multiple parties may share responsibility for a slip-and-fall accident, depending on where it occurred and who controlled the property at the time.
1. Property Owners and Landlords
Under NYC Administrative Code § 7-210, property owners are required to maintain adjoining sidewalks and premises in a safe condition. Landlords must also keep lobbies, stairways, and hallways in residential buildings free from hazards. When they fail to comply, they can be held liable for resulting injuries.
2. Business Owners and Commercial Tenants
New York business owners have a heightened duty to protect customers. Grocery stores, restaurants, and offices must regularly inspect and maintain their properties. Failing to clean spills, repair flooring, or post warnings for temporary hazards can result in liability.
3. Property Managers and Maintenance Companies
Owners often hire third-party management or cleaning companies to handle safety and repairs. These companies may also be held liable if their negligence contributes to unsafe conditions.
4. Government Entities
Falls on public property, such as subway stations, municipal buildings, or city sidewalks, may involve liability on the part of the City of New York or another public agency. These cases have strict deadlines: you must file a Notice of Claim within 90 days and a lawsuit within one year and 90 days.
5. Homeowners and Tenants
Private homeowners and tenants owe guests a duty of reasonable care. If a guest slips on icy front steps, broken stairs, or another known hazard, the homeowner may be responsible under their insurance policy.
6. Contractors and Third Parties
Construction, snow removal, or cleaning contractors can be liable when their work creates dangerous conditions – such as leaving debris or failing to clear ice properly.
Common Causes of Slip and Fall Accidents in NYC
Slip-and-fall hazards can occur in almost any setting. Common causes include:
- Wet or recently mopped floors with no warning signs
- Icy or snow-covered sidewalks are not cleared promptly
- Uneven or cracked pavement and flooring
- Broken or missing handrails
- Poor lighting in stairwells or parking garages
- Spilled food or liquids in stores or restaurants
- Torn carpets or loose rugs
- Cluttered aisles or obstructed walkways
Whether your accident happened at a supermarket in Queens, a Bronx apartment complex, or a Manhattan hotel, you may have grounds for a claim.
How to Prove Negligence in a New York Slip and Fall Case
Winning a New York slip and fall lawsuit requires strong evidence that the property owner knew or should have known about the hazard and failed to fix it.
Actual vs. Constructive Notice
- Actual notice means the owner or employees knew about the danger (e.g., a reported spill left unaddressed).
- Constructive notice means the hazard existed long enough that a reasonable inspection should have discovered it.
Key Evidence
- Photos or videos of the hazard and accident scene
- Security or surveillance footage
- Witness statements
- Maintenance and inspection records
- Weather or cleaning logs
- Prior complaints or code violations
Our NYC premises liability attorneys take immediate action to preserve crucial evidence before it is lost or destroyed.
Comparative Negligence in New York
New York follows a pure comparative negligence rule (CPLR § 1411), meaning you can still recover compensation even if you were partly at fault. Your recovery is reduced only by your share of fault.
For example, if you were 20% responsible for being distracted and your damages total $100,000, you can still recover $80,000.
Our attorneys know how to counter defense arguments designed to shift blame to the victim.
Common Slip and Fall Injuries in New York City
Even a short fall can cause serious injuries, such as:
- Fractured or broken bones
- Traumatic brain injuries (TBI)
- Spinal cord or back injuries
- Torn ligaments and muscle damage
- Hip, knee, or shoulder injuries
- Facial or dental trauma
- Chronic pain or long-term disability
We work with top medical experts throughout New York City to document your injuries and their long-term effects.
Compensation for NYC Slip and Fall Victims
Slip and fall victims may recover both economic and non-economic damages, including:
- Medical expenses: Hospitalization, surgery, therapy, rehabilitation, medications
- Lost wages: Compensation for time away from work
- Loss of earning capacity: If your injuries affect future employment
- Pain and suffering: Physical and emotional distress
- Out-of-pocket expenses: Transportation, home assistance, or medical equipment
- Future care costs: Long-term medical treatment or disability care
In egregious cases involving reckless disregard for safety, punitive damages may also be available.
Statute of Limitations for Slip and Fall Claims in NYC
Time limits are strict in New York slip and fall cases:
- Private or commercial property: 3 years from the date of the accident (N.Y. C.P.L.R. § 214[5])
- City or state government property: Notice of Claim within 90 days, lawsuit within 1 year and 90 days
Missing these deadlines can permanently bar your right to compensation. Please get in touch with our attorneys as soon as possible to protect your rights and ensure the timely resolution of your claim.
What to Do After a Slip and Fall in New York City
Follow these steps to protect your rights after a fall:
- Seek medical care immediately – even if symptoms seem minor.
- Report the accident to the property owner, manager, or supervisor.
- Take photos or videos of the hazard and scene before it’s altered.
- Collect witness names and contact details.
- Preserve your clothing and footwear as potential evidence.
- Consult an attorney before speaking to insurance adjusters.
Prompt action strengthens your claim and ensures vital evidence is preserved.
Why You Need an Experienced NYC Slip and Fall Lawyer
Property owners and insurers often deny responsibility or minimize the severity of injuries. Our New York slip-and-fall attorneys level the playing field by building strong cases supported by evidence and expert testimony.
At Greenstein & Pittari, LLP, we will:
- Conduct an immediate investigation
- Identify all liable parties
- Preserve video, photos, and reports
- Work with engineers, safety experts, and doctors
- Handle insurance negotiations
- Take your case to trial if necessary
We work on a contingency fee basis-meaning you pay nothing unless we win.
Why Acting Quickly Matters
Evidence in slip-and-fall cases can disappear within hours. Surveillance footage can be erased, icy conditions can melt, and witnesses may forget details. I want you to know that acting quickly makes sure we can secure and preserve the evidence that proves your case.
Why Choose Greenstein & Pittari, LLP
- Offices throughout New York City: Harlem, Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County
- No Fee Unless We Win – Our Fee Guarantee
- Bilingual legal services available
- Recognized by Best Lawyers® and Super Lawyers®
- Hundreds of positive client reviews
- Proven track record of settlements and verdicts
At Greenstein & Pittari, we focus exclusively on personal injury and premises liability cases – helping victims across New York get the justice and compensation they deserve.
Don’t Be a Victim Twice.
Call 1-800-VICTIM2 (1-800-842-8462) for your free consultation.
The call is free. The consultation is free. You don’t pay us unless we win.