Premises Liability · Slip, Trip & Fall
New York slip, trip and fall lawyer.
Property owners answer for the hazards they create or ignore.
A fall case is won or lost on two questions: what caused the fall, and how long the hazard existed. Both depend on evidence that starts disappearing the moment you get up. Photographs, video, and witnesses in the first days often decide the case.
*Client may remain responsible for court costs and case expenses. See site footer.
What the owner must answer for.
New York property owners and managers must keep their premises reasonably safe. Liability attaches when they created a dangerous condition or had actual or constructive notice of it: the broken stair that was reported for months, the spill that sat long enough that staff should have found it, the stairwell light that was never replaced. Building the notice proof is the core of the case: inspection logs, maintenance records, prior complaints, and surveillance video, demanded before it is destroyed.
Common cases we handle.
- Defective stairs, handrails, and inadequate lighting
- Snow and ice on walkways and building entrances
- Supermarket, restaurant, and store falls
- Defective New York City sidewalks
- Falls in apartment buildings and rental housing
- Elevator and escalator incidents
Sidewalk falls: who is responsible.
NYC ADMIN. CODE § 7-210
In New York City, the owner of the property abutting the sidewalk, not the City, is generally responsible for sidewalk defects, with an exception for certain small owner-occupied residential properties where the City may remain liable. Identifying the right defendant at the start matters, because suing the wrong one can cost you the 90-day notice of claim window against the City.
Snow and ice cases.
Owners get a reasonable time after a storm ends to clear snow and ice; while the storm is in progress, liability is limited. These cases turn on weather records, timing, and photographs. If you fell on ice, photograph the spot the same day if you can, from several angles, before it melts or is salted.
Deadlines and first moves.
Most New York fall claims must be filed within three years, but falls on City, Housing Authority, Transit, or other public property require a notice of claim within 90 days. Just as urgent: most commercial surveillance systems overwrite footage in days or weeks. A preservation letter should go out immediately, before the video of your fall is gone.
Questions people ask us.
I fell in a store and no report was made. Is the case dead?
No. An incident report helps, but cases are proven through medical records documenting the fall, photographs, witnesses, video, and the property's own maintenance history. What matters most now is preserving what still exists.
I fell on a sidewalk. Do I sue the City or the owner?
In New York City, usually the abutting property owner under Administrative Code section 7-210, but certain small residential properties are excepted and the City may be the defendant, with a 90-day notice of claim. Getting this right early is exactly why you should call before the window closes.
I was looking at my phone when I fell. Do I still have a case?
Possibly, yes. New York's pure comparative negligence rule reduces recovery by your share of fault rather than barring the claim. A dangerous condition does not stop being the owner's responsibility because you were imperfect.
What is my fall case worth?
It depends on the injury and the proof: surgery, fractures, lost work, the strength of the notice evidence, and available insurance. We will tell you candidly what drives value in your case after the free consultation.
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Daniel Hochman, Esq.
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Deadlines are shorter than people think.
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