A fall can happen in an instant: a wet floor in a store, a broken step in an apartment building, an icy sidewalk, or an uneven curb. Falls often cause serious injuries, such as broken bones, head injuries, back and knee injuries, and in older adults, injuries that change their independence. If someone else's carelessness caused your fall, you may be entitled to compensation.
At Sharifov & Associates, PLLC, we represent people injured in slip, trip, and fall accidents throughout New York City and Long Island.
In New York, a property owner isn't automatically responsible just because someone fell. You generally must show:
This is why evidence gathered right away is so important. Photos of the exact spot, witness information, incident reports, and surveillance video can decide the case.
Property owners must take reasonable steps to clear snow and ice. However, under the "storm in progress" rule, an owner generally isn't responsible for snow or ice that accumulates while a storm is still happening, and has a reasonable amount of time after the storm ends to clean up. Weather records often become key evidence in these cases.
In New York City, the owner of a property next to a sidewalk is generally responsible for keeping it reasonably safe, including repairing defects and clearing snow and ice. An important exception applies to one-, two-, and three-family homes that are owner-occupied and used only as residences. For sidewalks next to those homes, the City may be responsible, but usually only if it received prior written notice of the defect.
On Long Island and outside NYC, the rules are different. Towns and villages are often responsible for sidewalks, and many have prior written notice laws that require the defect to have been reported in writing before the fall. A neighboring property owner is generally responsible only if they caused the defect, made special use of the sidewalk, or a local law makes them responsible.
These rules are technical, which makes identifying the right defendant early critical.
If you fell on property owned by New York City, NYCHA, the MTA, a town, a village, or a county, strict deadlines apply:
Missing the 90-day deadline can end your case, although courts sometimes allow late notice in limited circumstances.
New York uses pure comparative negligence for fall cases. If you were partly responsible, for example because you were looking at your phone, your recovery is reduced by your share of fault, but you can still recover. A condition that was obvious may affect your share of fault, but it doesn't automatically bar your claim.
Practical answers
From the legal library
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.
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