Frequently Asked Questions About Slip and Fall Accidents in New York
We asked our personal injury experts to answer your most frequently asked questions about slip and fall accidents in New York. Here is what they had to say.
A slip and fall accident —or trip and fall—happens when someone loses traction and falls to the ground. Most of the time, the only thing that hurts is our pride. But sometimes, these falls can cause serious injuries like broken bones, back injuries, head trauma, or permanent disability.
When this happens on someone else’s property and it was due to their negligence, you may have a valid personal injury claim. Negligence is when the property owners or managers fail to take the proper precautions to help us avoid these types of accidents. Or when they do something that could cause the accident.
This type of case is called a premise liability claim.
To have a valid claim, you must be able to prove:
✅ You suffered injuries
✅ The injuries were caused by the slip and fall accident
✅ Something they did (or didn’t do) led to the reason for your slip and fall
Proving liability is one of the hardest parts of a slip and fall accident. This is when we should enlist the help of a good and experienced personal injury lawyer. Now, let’s answer some of the most frequently asked questions.
Personal Injury Experts Answer Your Most Frequently Asked Questions About Slip and Fall Accidents in New York
✔︎ Seek medical attention, even if your injuries seem minor. Some injuries may show up hours or days later.
✔︎ Let the property owner or the store manage know about the accident
✔︎ Take photos of the hazard (wet floor, broken step, icy sidewalk, etc.) and the surroundings. They may help you document something you didn’t notice in the moment.
✔︎ Get names and contact information from witnesses of the accident
✔︎ Write down your own statement while it’s fresh in your mind.
Not usually, unless there are criminal elements or disputes. But always document the incident through other means is important to your claim. Stores and businesses often have internal incident reports—have them create one and ask for a copy.
You’ll need evidence that the property owner was negligent. This often involves proving that they knew or should have known about the hazardous condition and failed to address it.
Here are a few items that document this proof:
✔︎ Surveillance video showing a spill left unattended for hours
✔︎ Maintenance logs showing no cleaning was done
✔︎ Prior written complaints about the hazard
You may be entitled to compensation for the following expenses, losses, and any other damages resulting from the accident.
✅ Medical bills
✅ Lost wages
✅ Rehabilitation or therapy
✅ Pain and suffering
✅ Long-term disability
✅ Future loss of income if you can’t return to work
In New York, you typically have three years from the date of the accident to file a personal injury lawsuit. It’s wise to consult with a slip and fall lawyer to ensure you meet all deadlines.
In summary:
You usually have 3 years from the date of the accident.
⚠️ But if it happened on government property (like a sidewalk or a public building), you might have just 90 days to file a notice of claim.
Probably not. Most slip and fall cases are settled out of court through negotiations.
However, if a settlement cannot be reached, your case may go to trial. But don’t worry, a solid premise liability attorney will prepare you and always be by your side.
Look for a personal injury lawyer with experience in premises liability or slip and fall cases.
Ask a friend for recommendations, read online reviews, check their track record, and make sure they offer a free consultation—like we do.
That’s common. Liability may be disputed, and you will need to provide evidence supporting your claim. This could include:
✅ Witness statements
✅ Lodged complaints if the dangerous situation was reported and not timely addressed
✅ Photographic evidence
✅ Videos of the scene
You could have pictures of the lack of signals abut a slippery or wet floor, for example. Photos have meta data that can be useful to prove it was taken at that location at the moment the accident occurred.
New York follows a comparative negligence rule.
That means even if you were partially at fault, you may still recover damages—the amount of compensation will be reduced by your percentage of fault.
Yes, you can file a claim for accidents that occur in a public place. But the statute of limitations will be different. And it may involve different procedures, especially if the government or a municipal entity is involved.
For example, you may need to file a notice of claim within 90 days, and follow special rules for suing a municipality like NYC.
Time is critical here—contact a slip and fall attorney immediately.
☑️ Take pictures of the accident scene (the hazard, your injuries, your surroundings)
☑️ Gather witness contact information
☑️ Keep medical records
☑️ Maintain a log of how the injury affects your daily life and a pain journal
If your injuries are severe, talk to a personal injury attorney that specializes in premise liability cases.
⛔ Don’t post about it on social media
⛔ Don’t give a recorded statement to insurance companies without legal advice
⛔ Don’t downplay your injuries—tell your doctor everything
Yes. It’s not about when you noticed it, but whether it was unreasonably dangerous and if the owner failed to correct or warn about it.
The timing of noticing the hazard does not always impact your ability to file a claim. It’s about being able to show that the hazard existed and contributed to the accident.
Example: You slipped on spilled soap with no warning signs—it doesn’t matter that you didn’t see it.
Expect to negotiate with insurance companies, investigations and evidence gathering, and possibly engage in settlement discussions, mediation or trial if no fair settlement is offered.
The process can take months and may require patience, but your lawyer will handle the heavy lifting.
Depending on the severity of the injuries, they could range from:
✅ Minor injuries – sprains, strains, lacerations: $1,000 to $15,0000
✅ Moderate injuries – fractures, torn ACL, shattered kneecap, dislocations: from $15,000 to $200,000
✅ Severe injuries – paralysis, traumatic brain injuries, spine injuries: from $150,000 to over a million.
Speak with a New York Slip & Fall Lawyer Today
🩼🏥 Injured in a slip and fall accident in New York? We can help. We offer a FREE, no-obligation consultation where we’ll analyze your situation and present you with your legal options.
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