Proving a New York Slip and Fall Case
To win a premises liability claim in New York, you generally must show the property owner created a dangerous condition, or knew (actual notice) or should have known (constructive notice) about it and failed to fix it in a reasonable time. "Constructive notice" requires proving the hazard existed long enough that the owner should have discovered it — which is why prompt evidence-gathering, photographs, incident reports, and surveillance footage are decisive. We move quickly to preserve this proof before it disappears.
New York City's Sidewalk Liability Rules
New York City has a unique rule: under Administrative Code §7-210, the duty to maintain most sidewalks falls on the adjacent property owner, not the city. That means a fall on a cracked, uneven, or icy sidewalk in front of a commercial building is often the building owner's responsibility. There are important exceptions — including one- to three-family owner-occupied homes and certain city-owned properties — so determining the correct defendant takes legal experience.
Injured in New York? You may be entitled to compensation for medical bills, lost wages, and pain and suffering. Your case review is free, confidential, and carries no obligation.
Common Slip and Fall Hazards
Snow and ice that wasn't cleared in a reasonable time, wet or freshly mopped floors without warning signs, broken or uneven stairs and handrails, poor lighting in stairwells and parking garages, torn carpeting, cluttered walkways, and unmarked elevation changes. In stores, the "storm in progress" doctrine and constructive-notice timing often become the central legal battleground, and we know how to meet those defenses.
Compensation for Fall Injuries
Fall injuries are frequently serious, particularly for older adults, and may include hip and wrist fractures, traumatic brain injury, and herniated discs. You may recover medical expenses and future care, lost income, pain and suffering, and the cost of long-term rehabilitation. We work with medical experts to connect your injuries to the fall and to document their lasting impact.
Frequently Asked Questions
Under NYC Administrative Code §7-210, the adjacent property owner is usually responsible for maintaining the sidewalk, with limited exceptions for small owner-occupied homes and certain city property. We identify the correct party for your specific fall.
An "open and obvious" condition does not automatically defeat your claim in New York. Owners still owe a duty to maintain safe premises, and comparative negligence may reduce — but not eliminate — your recovery.
Through evidence of actual or constructive notice — prior complaints, maintenance records, the duration the hazard existed, and surveillance footage. Acting quickly to preserve this proof is critical, which is why early legal help matters.
Ready to talk to a New York attorney? Call 973-566-5599 any time, or request your free case review online. A legal specialist will reach out within the hour.