Personal Injury Claims in New York: Car Accidents, Slip and Falls, Premises Liability, and Construction Accidents

Not every injury case in New York works the same way. A car crash, a fall on an icy sidewalk, a broken staircase in an apartment building, and a fall from a ladder at a construction site are each governed by different rules, different deadlines, and sometimes different people who may be responsible.

This guide explains, in plain language, the four main types of personal injury claims in New York and the special rules that apply to each one. Knowing which type of case you have is the first step to protecting your right to compensation.

Key takeaways:

• After a car accident, file for no-fault benefits within 30 days.
• Claims against New York City, the MTA, or other public agencies need a notice of claim within 90 days.
• Most other injury lawsuits must be filed within 3 years.
• Property owners are usually responsible only if they created a hazard or knew, or should have known, about it.
• Injured construction workers can often collect workers' compensation and sue the property owner or general contractor.

Type of case	Who may be responsible	Key New York rule to know
Car accident	Other drivers, vehicle owners, rideshare or delivery companies	You must file for no-fault benefits within 30 days, and you must meet the "serious injury" test to recover for pain and suffering
Slip and fall	Property owners, store owners, building managers	The owner must have created the hazard or known about it, or should have known about it
Premises liability	Landlords, building owners, property managers	Owners must keep their property reasonably safe, including stairs, lighting, and security
Construction accident	Property owners, general contractors	New York's Labor Law protects workers, especially from falls and falling objects

1. Car Accidents

View the Auto Accidents practice page →

New York is a "no-fault" state, which means car accident cases work differently here than in most other states.

Step one: no-fault benefits

After a crash, your first source of payment is usually no-fault insurance, no matter who caused the accident. No-fault generally pays up to $50,000 per person for:

• medical bills;
• 80% of lost wages, up to $2,000 per month; and
• up to $25 per day for other reasonable expenses, such as travel to medical appointments.

Pedestrians and cyclists hit by a car are usually covered by that car's no-fault insurance. You must file a no-fault application within 30 days of the accident. Missing this deadline can cost you these benefits.

Motorcycle riders are different: they are not covered by no-fault insurance, but they also generally do not have to meet the "serious injury" test described below. If you were hurt in a taxi, an Uber or Lyft, or a delivery vehicle, the company's commercial insurance may also apply.

Step two: the "serious injury" test

To sue the at-fault driver for pain and suffering, you must have a "serious injury" as defined by New York law. Serious injuries include:

• death;
• dismemberment or significant disfigurement;
• a fracture (broken bone);
• loss of a fetus;
• permanent loss of use of a body organ, member, function, or system; and
• a permanent or significant limitation of use of a body part or system.

You can also sue for financial losses above what no-fault pays, such as wages beyond the no-fault limits, even without a serious injury.

What changed in 2026

For car accident lawsuits filed on or after May 26, 2026, three important changes apply:

• The 51% rule. If you are found more at fault than all the drivers you are suing combined, you cannot recover. If you are 50% at fault or less, your recovery is reduced by your share of fault.
• The "90/180-day" category is gone. You can no longer qualify for pain and suffering only because an injury kept you from your normal activities for 90 of the first 180 days.
• A $100,000 cap. A $100,000 cap on pain-and-suffering damages can apply to an injured driver who bears some fault for the crash and who (a) was uninsured, other than a lapse of less than 30 days, (b) is convicted of an alcohol- or drug-impaired-driving offense arising from the crash, or (c) is convicted of a felony arising from the crash.

If the other driver has no insurance or fled the scene

You may still have options. Every New York auto policy includes uninsured motorist coverage, and many include supplementary coverage for drivers with too little insurance. If you have no auto insurance of your own, you may be able to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). These claims have strict notice deadlines, so act quickly.

Learn more about auto accident claims →

2. Slip and Fall Accidents

View the Slip and Fall practice page →

A fall on a wet floor, a broken sidewalk, an icy step, or a torn carpet can cause serious injuries, from broken hips and wrists to head injuries. But falling on someone's property does not automatically mean the owner is responsible.

The "notice" rule

In most slip and fall cases, you must show that the property owner either:

• created the dangerous condition (for example, an employee mopped and left no warning sign); or
• knew about it and did not fix it; or
• should have known about it, because it was visible and had been there long enough that a reasonable owner would have found and fixed it.

This is why evidence matters so much. Photos of the hazard, the names of witnesses, and any prior complaints about the same problem can make or break a case.

Who is responsible for a New York City sidewalk?

In New York City, owners of most buildings are responsible for keeping the sidewalk in front of their property safe. The main exception is a one-, two-, or three-family home that the owner lives in and uses only as a residence. In that case, the City may be responsible instead, and special notice rules apply. On Long Island, the rules depend on the local town or village.

Snow and ice

• Storms in progress. Property owners generally are not responsible for snow and ice while a storm is still going on. They get a reasonable time to clear it after the storm ends.
• New York City's 4-hour rule. NYC property owners must generally clear their sidewalks within four hours after snow stops falling. Snow that stops overnight, between 9 p.m. and 7 a.m., must be cleared by 11 a.m.
• Black ice and refreezing. Ice that forms after an owner did a poor job of clearing snow can still lead to liability.

If you fell on City property, a bus, or the subway

Claims against New York City, the MTA, and other public agencies have a much shorter deadline. In most cases, you must file a formal notice of claim within 90 days of the accident. See the deadlines table below.

Learn more about slip and fall claims →

3. Premises Liability

View the Premises Liability practice page →

Slip and fall cases are one kind of premises liability, but the term covers any injury caused by an unsafe condition on someone else's property. Common examples include:

• broken or uneven stairs, and missing or loose handrails;
• poor lighting in hallways, stairwells, and parking lots;
• ceilings, fixtures, or objects that fall on someone;
• broken elevators or doors;
• missing window guards; and
• assaults that happen because of broken locks or missing security.

Landlords and apartment buildings

In New York City, owners of buildings with three or more apartments have a legal duty to keep the building in good repair. NYC landlords must also install window guards in apartments where a child age 10 or younger lives, and must find and safely fix lead paint hazards in apartments where a young child lives.

A landlord may be responsible if it knew or should have known about a dangerous condition and failed to fix it in a reasonable time. Your written complaints to the landlord, and records of complaints to 311 or violations issued by the city's housing agency (HPD), can be powerful evidence. Keep copies of everything.

Negligent security

Property owners are not responsible for every crime that happens on their property. But an owner may be responsible when a crime was foreseeable and the owner failed to take basic security steps, such as fixing a broken front-door lock in a building where intruders had caused problems before. These cases depend heavily on the facts, including the building's history and how the attacker got in.

Learn more about premises liability claims →

4. Construction Accidents

View the Construction Accidents practice page →

Construction is one of the most dangerous jobs in New York. Fortunately, New York has some of the strongest worker-protection laws in the country.

Workers' compensation and a lawsuit: you may get both

If you are hurt on the job, you can usually collect workers' compensation from your employer's insurance, which pays medical bills and part of your lost wages. You generally cannot sue your own employer. But you may be able to bring a separate lawsuit against other parties, such as the property owner or the general contractor. That lawsuit can recover what workers' compensation does not, including full lost wages and pain and suffering.

The three key New York Labor Laws

Law	What it covers	Why it matters
Labor Law § 240(1), the "Scaffold Law"	Falls from heights, and objects falling on workers	Owners and contractors are responsible if proper safety devices (ladders, scaffolds, harnesses, hoists) were missing or inadequate. Your own carelessness is generally not a defense.
Labor Law § 241(6)	Violations of specific state construction safety rules	Covers hazards such as unsafe floors, uncovered openings, and missing protective equipment. Your share of fault can reduce your recovery.
Labor Law § 200	General workplace safety	Applies when the owner or contractor controlled the work or knew about a dangerous condition.

Common construction accidents

• falls from ladders, scaffolds, roofs, and floor openings;
• being struck by falling tools, materials, or debris;
• collapses of trenches, walls, or structures;
• injuries from heavy equipment and power tools; and
• tripping on debris or uneven surfaces at the work site.

Two important points

• Homeowner exception. Owners of one- and two-family homes who do not direct or control the work are generally not liable under the Scaffold Law and Labor Law § 241(6).
• Immigration status. In New York, injured workers can bring injury claims regardless of immigration status.

What helps a construction accident case

• Report the accident to your supervisor right away, in writing if possible, and ask for a copy of the accident report.
• Take photos of the ladder, scaffold, opening, or equipment involved, and of any missing safety gear, before it is moved or fixed.
• Write down the names of co-workers who saw the accident, and the names of the general contractor and the company you work for.

Learn more about construction accident claims →

Deadlines You Cannot Miss

Missing a deadline can end a case before it starts, no matter how strong it is.

What	Deadline (generally)
No-fault application after a car accident	30 days from the accident
Notice to MVAIC (uninsured or hit-and-run driver, if you have no auto insurance)	90 days from the accident
Notice of claim against New York City, the MTA, or another public agency	90 days from the accident
Lawsuit against New York City or another public agency	1 year and 90 days from the accident
Notice to your employer of a work injury	30 days from the accident
Workers' compensation claim	2 years from the accident
Most personal injury lawsuits against private parties	3 years from the accident

Different rules can apply to children, to wrongful death claims, and to some other situations. Speak with a lawyer as soon as possible to confirm the deadlines in your case.

What If You Were Partly at Fault?

For slip and fall, premises liability, and most construction cases, New York uses pure comparative fault. You can recover even if you were partly to blame, but your compensation is reduced by your share of fault.

Example: if your damages are $100,000 and a jury finds you 30% at fault for not watching your step, you would receive $70,000.

Car accident lawsuits filed on or after May 26, 2026, follow the stricter 51% rule described above. And in Scaffold Law cases, a worker's own carelessness generally does not reduce recovery at all.

Talk to a New York Personal Injury Lawyer

If you were hurt in a car accident, a fall, an unsafe building, or on a construction site, Sharifov & Associates, PLLC can review your case. Our personal injury practice is led by Richard Levy, who has represented injured New Yorkers since 1978. We handle cases in New York City and on Long Island.

Call NYC: 718-368-2800 · Long Island: 516-505-2300

Learn more: Auto Accidents · Slip and Fall · Premises Liability · Construction Accidents

This article is general information, not legal advice. Prior results do not guarantee a similar outcome.