Injured In A Slip And Fall Accident In New York City?
A slip or trip and fall can cause serious injuries in seconds. A person may slip on water, ice, grease, or cleaning solution. Someone may trip over a broken sidewalk, raised threshold, torn carpet, uneven step, loose mat, pothole, debris, or another dangerous condition.
These accidents may happen in:
- Apartment buildings
- NYCHA developments
- Stores and supermarkets
- Restaurants and bars
- Hotels
- Office buildings
- Hospitals
- Schools
- Sidewalks
- Parking garages
- Parking lots
- Stairways
- Lobbies
- Building entrances
- Elevators and escalators
- Public buildings
- Transit facilities
- Construction sites
- Private homes
A property owner, landlord, management company, commercial tenant, contractor, maintenance company, public authority, or another party may be responsible depending on who created, controlled, inspected, or maintained the dangerous condition.
A successful claim requires more than proof that someone fell. The investigation must identify what caused the accident, how long the condition existed, who was responsible for the area, and what evidence supports the claim.
Learn more about dangerous-property claims on our New York City Premises Liability Lawyer page.
Important Filing Deadlines
The filing deadline depends on who owned, occupied, controlled, maintained, or repaired the property.
Under New York CPLR § 214, a personal-injury action against a private property owner, business, or contractor generally must be commenced within three years.
That does not mean an injured person should wait. The dangerous condition may be repaired immediately, surveillance footage may be erased, cleaning records may be discarded, and witnesses may become unavailable long before the three-year period expires.
Claims involving the City or another covered municipal entity may require a Notice of Claim within 90 days under General Municipal Law § 50-e.
An action covered by General Municipal Law § 50-i may also need to be commenced within one year and 90 days.
NYCHA claims are generally subject to Public Housing Law § 157, including a 90-day Notice of Claim requirement and a one-year-and-90-day period for commencing a personal-injury action.
A public entity may also demand sworn testimony at an examination commonly called a 50-h hearing.
Different deadlines and procedures may apply to:
- Public transportation authorities
- Public schools
- Public hospitals
- State agencies
- Wrongful death claims
- Injured children
- Late Notices of Claim
- Claims involving several defendants
- Workplace and construction accidents
Review our guide to the New York City Notice Of Claim Deadline and speak with a lawyer before filing whenever possible.
Slip And Fall Evidence Can Disappear Quickly
Property conditions often change shortly after an accident.
An owner, employee, tenant, or contractor may:
- Mop or dry a wet floor
- Remove debris
- Replace a mat
- Repair broken flooring
- Patch a sidewalk
- Replace a damaged step
- Remove snow or ice
- Add salt or sand
- Install a warning sign
- Replace a lightbulb
- Repair a leaking pipe
- Move merchandise
- Adjust a door
- Close the accident area
Surveillance footage may be erased or overwritten after a limited retention period. Some businesses retain footage for only a short time unless they receive a preservation request.
Photographs and video taken immediately after the accident may become some of the most important evidence in the case. Images should show both the precise condition and enough of the surrounding area to identify the exact location.
The Difference Between A Slip And A Trip
The terms are often used together, but they generally describe different accident mechanisms.
A slip usually happens when a person’s foot loses traction because of:
- Water
- Ice
- Snow
- Grease
- Oil
- Cleaning solution
- Food
- Spilled drinks
- Mud
- Smooth or polished flooring
A trip usually happens when a person’s foot encounters an obstruction or unexpected elevation change, such as:
- Broken pavement
- A raised sidewalk flag
- Uneven flooring
- A pothole
- Debris
- A loose mat
- Torn carpeting
- A raised threshold
- A broken step
- Merchandise in an aisle
- A cord or cable
The distinction can affect how the accident is investigated. A liquid may disappear within minutes, while a sidewalk defect may remain but later be repaired. Medical records, photographs, witness statements, and incident reports should accurately describe whether the person slipped, tripped, stumbled, or lost balance.
Common Causes Of Slip And Fall Accidents
Water, Spills, And Wet Floors
Water and other liquids may accumulate because of:
- Plumbing leaks
- Roof leaks
- Refrigerator or freezer leaks
- Spilled drinks
- Cleaning activities
- Rainwater tracked through an entrance
- Snow melting from footwear
- Condensation
- Defective drains
- Overflowing sinks or toilets
- Missing entrance mats
Photograph the substance, its size, color, shape, and exact location.
Also photograph:
- Footprints or cart tracks
- Cleaning equipment
- Warning signs
- Containers
- Wet ceiling tiles
- Nearby plumbing
- Entrance doors
- Mats
- The apparent source of the liquid
Footprints, dirt, drying edges, cart tracks, or other features may help show that the condition existed before the accident.
Snow And Ice
Snow and ice accidents may involve:
- Uncleared sidewalks
- Refrozen meltwater
- Ice beneath fresh snow
- Runoff from a roof or gutter
- Defective drainage
- Snow piled near an entrance
- Inadequate salting or sanding
- Water leaking onto an outdoor walkway
- Snow tracked inside a building
- Icy stairs or ramps
New York City requires owners and other persons responsible for buildings or lots to clear snow and ice from adjoining sidewalks within specified periods.
Photograph the condition before it is removed. Capture:
- The ice or snow
- Footprints
- Salt or sand
- Shoveling activity
- Gutters and downspouts
- Drainage patterns
- Nearby snow piles
- Building entrances
- Weather conditions
Weather records, snow-removal contracts, employee schedules, and maintenance logs may become important.
Visit our New York City Snow And Ice Injury Lawyer page for more information.
Broken And Uneven Sidewalks
Sidewalk hazards may include:
- Cracked concrete
- Raised sidewalk flags
- Sunken pavement
- Potholes
- Missing pavement
- Broken curbs
- Tree-root damage
- Cellar doors
- Utility covers
- Improper patches
- Construction damage
- Debris
- Abrupt elevation changes
New York City generally relies on abutting property owners to install, repair, and maintain adjoining sidewalks. Responsibility for a particular defect can still depend on the property type, ownership, the cause of the defect, and whether a public entity or contractor was involved.
Photograph the defect from the direction you approached. Take close and wide photographs showing:
- Height or depth of the defect
- Nearby address
- Storefront or building
- Sidewalk flags
- Curb
- Tree pit
- Utility cover
- Construction activity
- Surrounding walking route
Visit our New York City Defective Sidewalk Lawyer page.
Broken Curbs And Tree Pits
A person may trip while stepping between the street and sidewalk because of:
- Broken curbs
- Missing curb material
- Uneven curb cuts
- Cracked pedestrian ramps
- Debris
- Poor drainage
- Tree roots
- Unprotected tree pits
- Missing guards
- Uneven soil
- Improper paving around a tree
Photograph the street, curb, sidewalk, tree, crosswalk, and direction of travel.
Related information is available on our Broken Curb Injury Lawyer and Tree Pit Accident Lawyer pages.
Broken Or Uneven Stairs
A staircase may become dangerous because of:
- Broken steps
- Uneven risers
- Worn tread surfaces
- Loose carpeting
- Missing handrails
- Loose handrails
- Wet steps
- Poor lighting
- Debris
- Damaged landings
- Abrupt elevation changes
Identify the exact step, landing, floor, side of the staircase, and direction of travel.
Visit our New York City Stairway Fall Lawyer page for stair-specific evidence guidance.
Loose Mats And Torn Carpeting
Mats and carpeting may cause a fall when they are:
- Loose
- Folded
- Curled
- Torn
- Frayed
- Bunched
- Worn through
- Improperly secured
- Too thick for a doorway
- Placed over an uneven surface
- Saturated with water
Preserve photographs before the material is removed, repositioned, or replaced.
Poor Lighting
Inadequate lighting can conceal:
- Broken steps
- Water
- Debris
- Uneven flooring
- Raised thresholds
- Potholes
- Curbs
- Changes in elevation
- Snow and ice
- The final step in a staircase
Photograph or record the lighting as close to the accident time as possible. A camera flash may reveal the defect but may not accurately show what the injured person could see.
Learn more on our New York City Poor Lighting Injury Lawyer page.
Defective Doors And Thresholds
An accident may happen when a person encounters:
- A raised threshold
- A broken door saddle
- A loose entrance mat
- A door that opens into a walkway
- A door that closes too quickly
- A defective automatic door
- A damaged track
- An unexpected step beyond a doorway
- Water near an entrance
- Poor lighting
Photograph both the door and the surrounding walking surface.
Visit our New York City Defective Door Injury Lawyer page.
Debris And Obstructions
A walkway may be obstructed by:
- Boxes
- Merchandise
- Cords
- Cables
- Garbage
- Cleaning equipment
- Construction materials
- Delivery carts
- Tools
- Furniture
- Bicycles
- Displays
- Fallen signs
Photograph the object, its location, the remaining walking space, and the surrounding area.
Record whether an employee, contractor, delivery company, tenant, or another person placed it there.
Elevator And Escalator Areas
A fall near an elevator may involve:
- Elevator misleveling
- A damaged threshold
- Debris
- Water
- A gap between the car and landing
- A defective door
- Poor lighting
An escalator accident may involve:
- Sudden stopping
- Sudden acceleration
- Damaged steps
- A defective comb plate
- Loose material
- Missing warnings
- Poor maintenance
Visit our New York City Elevator Accident Lawyer page when the elevator itself contributed to the accident.
Where Slip And Fall Accidents Happen
Apartment Buildings
Apartment-building accidents may occur in:
- Stairways
- Hallways
- Lobbies
- Laundry rooms
- Basements
- Courtyards
- Roof areas
- Entrances
- Garbage areas
- Parking areas
- Sidewalks
- Elevators
Landlords, management companies, superintendents, contractors, and commercial tenants may control different portions of the property.
Stores And Supermarkets
Retail accidents may involve:
- Spilled products
- Leaking refrigerators
- Produce
- Wet entrance floors
- Recently mopped aisles
- Merchandise
- Damaged flooring
- Shopping carts
- Mats
- Poorly placed displays
Store surveillance footage, cleaning inspections, employee schedules, incident reports, and sweep logs may become important.
Restaurants And Bars
Potential restaurant hazards include:
- Spilled drinks
- Grease
- Food
- Wet restroom floors
- Loose mats
- Dim lighting
- Crowded walkways
- Broken steps
- Uneven outdoor dining areas
Records may show when employees last inspected or cleaned the area.
Hotels And Office Buildings
Falls may occur in:
- Lobbies
- Elevators
- Stairways
- Conference rooms
- Hallways
- Restrooms
- Restaurants
- Garages
- Entrances
- Outdoor walkways
Building owners, hotel operators, office tenants, cleaning companies, and maintenance contractors may share responsibilities.
Parking Lots And Garages
Parking areas may contain:
- Potholes
- Broken pavement
- Oil
- Water
- Snow
- Ice
- Debris
- Speed bumps
- Wheel stops
- Poor lighting
- Damaged stairs
- Uneven ramps
Photograph parking-space numbers, floor numbers, entrances, signs, and nearby vehicles or structural features.
Private Homes
A homeowner may be responsible for conditions such as:
- Broken stairs
- Loose railings
- Snow or ice
- Wet floors
- Defective porches
- Uneven walkways
- Poor lighting
- Loose carpeting
- Dangerous pets
- Construction debris
Responsibility depends on the condition, the homeowner’s knowledge, the visitor’s status, and other circumstances.
Who May Be Responsible?
More than one person or company may be responsible for a slip and fall accident.
Property Owners And Landlords
An owner or landlord may be responsible for inspecting, maintaining, and repairing areas under the owner’s control.
Relevant records may include:
- Leases
- Maintenance schedules
- Inspection logs
- Complaints
- Work orders
- Repair invoices
- Building violations
- Employee communications
- Prior accident reports
- Insurance information
Management Companies And Superintendents
A managing agent or superintendent may:
- Receive complaints
- Inspect common areas
- Schedule repairs
- Replace lighting
- Clean spills
- Arrange snow removal
- Communicate with contractors
- Prepare incident reports
These records may establish when the condition was reported and what was done in response.
Commercial Tenants And Businesses
A store, restaurant, office, hotel, or other commercial tenant may control the accident area under its lease.
The lease may divide responsibility for:
- Interior flooring
- Entrances
- Sidewalks
- Common areas
- Snow removal
- Repairs
- Cleaning
- Lighting
- Security
Cleaning And Maintenance Companies
A contractor may share responsibility when it:
- Created a wet condition
- Failed to place warnings
- Performed an inadequate inspection
- Failed to clean an area
- Made a defective repair
- Left equipment in a walkway
- Failed to remove snow or ice
- Returned an unsafe area to service
Construction And Repair Contractors
A contractor may create a trip or slip hazard by:
- Leaving debris
- Removing floor material
- Creating an elevation difference
- Blocking a walkway
- Failing to place barriers
- Performing an improper repair
- Allowing water to accumulate
- Disconnecting lighting
- Leaving tools or cords in a walking path
Public Entities
A fall may involve:
- The City of New York
- NYCHA
- A public school
- A public hospital
- A transit authority
- Another government agency or public authority
Identifying the correct entity is critical because special filing deadlines may apply.
How Notice May Be Proven
A slip and fall claim often depends on whether a responsible party created the condition, knew about it, or should have discovered it.
The Responsible Party Created The Condition
A business or contractor may have created the hazard by:
- Mopping a floor
- Leaving merchandise in an aisle
- Performing a defective repair
- Allowing equipment to leak
- Creating a sidewalk defect
- Leaving construction debris
- Moving a mat into an unsafe position
- Piling snow where it later melted and refroze
Actual Notice
Actual notice may be shown through:
- Customer complaints
- Tenant complaints
- Emails
- Text messages
- 311 records
- NYCHA repair tickets
- Work orders
- Maintenance logs
- Employee statements
- Inspection reports
- Building violations
- Prior accident reports
- Photographs sent to management
Constructive Notice
Constructive notice may be argued when a visible and apparent condition existed long enough that a reasonable inspection should have discovered it.
Potential evidence may include:
- Dirt or footprints through a liquid
- Drying edges
- Long-standing cracks
- Deterioration
- Discoloration
- Rust
- Repeated patches
- Worn flooring
- Witness testimony
- Missing inspection records
- Surveillance footage
Recurring Conditions
A recurring problem may be important when an area repeatedly:
- Leaked
- Became wet
- Accumulated snow or ice
- Lost lighting
- Developed loose carpeting
- Required repairs
- Produced complaints
- Caused earlier accidents
The complete complaint and maintenance history may be more valuable than the final repair ticket created after the accident.
What To Do After A Slip And Fall
Get Medical Care
Seek medical attention promptly.
Tell the medical provider:
- Where the accident happened
- Whether you slipped or tripped
- What caused the fall
- How you landed
- What parts of your body struck the ground or another object
- Every injured body part
- Whether symptoms developed afterward
Follow medical instructions and attend recommended appointments.
Identify The Exact Location
Record:
- Property address
- Building name
- Store or business
- Floor
- Aisle
- Stairway
- Parking level
- Entrance
- Sidewalk location
- Nearby apartment, room, or storefront
- Date and approximate time
Photograph signs, addresses, floor numbers, aisle numbers, and other identifying features.
Photograph The Condition
Take close and wide photographs showing:
- The precise hazard
- Surrounding walking surface
- Nearby fixtures
- Warning signs
- Lighting
- Entrances
- Stairs
- Doors
- Address or location markers
Photograph the condition from the direction you approached.
Report The Accident
Report the accident to the owner, landlord, superintendent, management company, store manager, security desk, employer, contractor, NYCHA, or public agency responsible for the property.
Ask for:
- Incident-report number
- Complaint number
- Work-order number
- Repair-ticket number
- Name and title of the person receiving the report
- A copy of the written report
Keep screenshots, emails, text messages, and letters.
Identify Witnesses
Obtain contact information for anyone who:
- Saw the accident
- Saw the condition
- Helped afterward
- Previously complained
- Knew how long the condition existed
- Saw employees cleaning or repairing the area
- Heard an employee discuss the hazard
Preserve Clothing And Footwear
Keep the shoes and clothing worn during the accident.
Do not discard, alter, wash, or repair potentially important physical evidence before speaking with a lawyer.
Do Not Guess
Describe what you actually felt and observed.
Examples include:
- My foot slipped in water
- My toe caught on the raised concrete
- The mat folded under my foot
- I could not see the final step
- My foot struck a box in the aisle
- I stepped into a pothole
Do not adopt another person’s explanation when you did not observe the underlying cause yourself.
Slip And Fall Accidents In NYCHA Developments
A NYCHA case requires attention to both evidence preservation and the 90-day Notice of Claim deadline.
Record the exact:
- Development
- Building address
- Building number
- Entrance
- Stair hall
- Floor
- Apartment or common-area location
- Sidewalk or outdoor area
- Complaint numbers
- Repair-ticket numbers
- Earlier reports
- Names of NYCHA employees or contractors
Keep screenshots and copies of every complaint and repair request.
A private cleaning, construction, snow-removal, security, or maintenance contractor may also possess important records or share responsibility.
Visit our New York City NYCHA Injury Lawyer page and the NYCHA Injury Resource Hub.
Workplace And Construction Falls
A person injured while working may have rights in addition to an ordinary premises-liability claim.
Potential claims may include:
- Workers’ compensation
- A claim against a property owner
- A claim against a general contractor
- A claim against a subcontractor
- A claim against another tenant or company
- A claim under the New York Labor Law
Construction falls should remain distinct from this general premises-liability page. Jobsite cases may involve temporary walkways, debris, stairs, ladders, scaffolds, elevated platforms, openings, or inadequate safety equipment.
Visit our New York City Construction Accident Lawyer page for jobsite-specific information.
Common Slip And Fall Injuries
A slip or trip and fall may cause:
- Concussions
- Traumatic brain injuries
- Facial injuries
- Dental injuries
- Neck injuries
- Back injuries
- Herniated discs
- Spinal-cord injuries
- Shoulder injuries
- Arm fractures
- Wrist fractures
- Hand injuries
- Broken ribs
- Hip fractures
- Pelvic fractures
- Knee injuries
- Torn ligaments
- Ankle injuries
- Foot injuries
- Nerve damage
- Lacerations
- Soft-tissue injuries
- Psychological trauma
- Fatal injuries
Medical records should identify how the accident happened, each injured body part, diagnostic findings, treatment, restrictions, and continuing symptoms.
Evidence That May Support A Slip And Fall Claim
Useful evidence may include:
- Photographs
- Video
- Surveillance footage
- Incident reports
- Customer complaints
- Tenant complaints
- 311 records
- NYCHA repair tickets
- Work orders
- Inspection logs
- Cleaning records
- Sweep logs
- Repair invoices
- Building violations
- Snow-removal contracts
- Weather records
- Lease provisions
- Maintenance agreements
- Prior accident reports
- Witness statements
- Damaged clothing and footwear
- Medical records
- Ambulance reports
- Employment and wage records
- Expert inspections
- Measurements and testing
A lawyer may send preservation notices and arrange an inspection before the condition is repaired or altered.
Compensation In A Slip And Fall Case
The available compensation depends on the injuries, medical evidence, lost income, responsible parties, insurance coverage, and effect the accident has on the injured person’s life.
A claim may seek compensation for:
- Past medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Rehabilitation
- Future care
- Out-of-pocket expenses
- Pain and suffering
- Emotional harm
- Loss of enjoyment of life
A wrongful death claim may also be available when a fall causes a fatal injury. The filing deadline and available damages require a case-specific review.
How A Slip And Fall Lawyer Can Help
A lawyer can:
- Inspect the accident location
- Identify the precise dangerous condition
- Determine who owned and controlled the area
- Identify landlords, tenants, contractors, and public entities
- Obtain leases and maintenance agreements
- Request complaint and repair histories
- Seek preservation of surveillance footage
- Obtain cleaning and inspection records
- Review building and sidewalk violations
- Investigate earlier accidents
- Interview witnesses
- Retain an engineer or safety expert
- Prepare a Notice of Claim when required
- Investigate NYCHA or another public entity
- Document medical expenses and lost income
- Identify every potentially responsible party
- Negotiate with insurers
- File a lawsuit when necessary
The Dearie Law Firm has represented injured New Yorkers for more than three decades. Early investigation gives our attorneys a better opportunity to document the condition, preserve footage, identify witnesses, and determine who was responsible for the property.
Frequently Asked Questions About Slip And Fall Claims
Do I Have A Case Just Because I Fell?
Not necessarily.
A claim generally requires evidence identifying a dangerous condition, showing that it caused the accident, and connecting the condition to a responsible party.
What If The Spill Was Cleaned Immediately?
Immediate cleanup does not prevent a claim, but it can make the investigation more difficult.
Photographs, surveillance footage, witnesses, cleaning records, employee statements, incident reports, and footprints through the liquid may help establish the earlier condition.
What If There Was A Warning Sign?
A warning sign does not automatically defeat a claim.
The investigation may consider where the sign was placed, whether it was visible, what it said, whether it adequately described the hazard, and whether a safe route remained available.
What If I Did Not See What Caused Me To Fall?
Contact a lawyer promptly.
Photographs, surveillance footage, medical records, witness statements, damaged clothing, incident reports, and an inspection may help identify the cause. The evidence must generally do more than establish that a person fell.
What If I Was Looking Somewhere Else?
A property owner or insurer may argue that the injured person failed to pay adequate attention.
That does not automatically eliminate a claim. Responsibility may be divided among the parties depending on the circumstances.
What If The Property Owner Blames A Contractor?
A contractor may share responsibility, but the owner, tenant, management company, and contractor may have different legal duties.
Contracts, work orders, invoices, and testimony may show who controlled the area and performed the relevant work.
What If The Accident Happened In A NYCHA Building?
A Notice of Claim may be due within 90 days.
Preserve the development name, building address, exact location, complaint numbers, repair tickets, photographs, and prior history.
What If I Fell On City Property?
A claim involving the City or another public entity may require a Notice of Claim within 90 days and may have a shorter lawsuit deadline.
Identifying the correct public entity and exact accident location is critical.
What If Nobody Witnessed The Accident?
An eyewitness is not always required.
Surveillance footage, photographs, medical records, incident reports, complaints, physical evidence, and maintenance records may help establish what happened.
What If I Was Injured While Working?
You may have a workers’ compensation claim and a separate claim against a property owner, contractor, tenant, or another party that was not your employer.
What If More Than 90 Days Have Passed?
Contact a lawyer immediately.
A court may permit a late Notice of Claim in some circumstances, but permission is not automatic. Waiting may also result in repairs, deleted footage, lost records, and unavailable witnesses.
Related Slip And Fall Resources
- New York City Premises Liability Lawyer
- New York City Stairway Fall Lawyer
- New York City Snow And Ice Injury Lawyer
- New York City Defective Sidewalk Lawyer
- New York City Poor Lighting Injury Lawyer
- New York City Defective Door Injury Lawyer
- New York City Elevator Accident Lawyer
- New York City NYCHA Injury Lawyer
- NYCHA Injury Resource Hub
- New York City Notice Of Claim Deadline
Speak With A New York City Slip And Fall Lawyer
Do not wait for the spill, ice, broken pavement, loose mat, defective stair, or other dangerous condition to be cleaned, repaired, or removed before investigating what happened.
Call (212) 970-6500 or contact The Dearie Law Firm for a free consultation.