SLIP, TRIP
AND FALL
INURIES
SLIP, TRIP AND FALL INURIES
Common Slip and Fall Injuries: Understanding Medical Consequences and Legal Implications
Common slip and fall injuries in New York range from fractured wrists and broken hips to traumatic brain injuries and spinal cord damage — and they can happen anywhere: a wet supermarket floor, an icy sidewalk, a poorly lit stairwell, or an uneven subway platform. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has represented slip and fall injury victims across New York City and the surrounding region for more than 30 years. The severity of a slip and fall injury is almost always underestimated in the hours after the accident — and the medical decisions made in those hours directly determine the strength of your legal claim.
Slip and fall accidents are the leading cause of emergency room visits in the United States, responsible for more than 8 million ER visits annually, according to the Centers for Disease Control and Prevention (CDC). Among adults 65 and older, falls are the leading cause of both fatal and nonfatal injuries, resulting in over 36,000 deaths per year nationally. In New York, premises liability law under the common law duty of care requires property owners — commercial, residential, and municipal — to maintain safe conditions and warn visitors of known hazards. When they fail to do so and a slip and fall injury results, the property owner may be held liable for all resulting damages, including medical costs, lost wages, and pain and suffering.
New York’s premises liability framework requires proving that a dangerous condition existed on the property, that the owner created the condition or had actual or constructive notice of it, and that the condition caused your injury. Under CPLR §214, the statute of limitations for most slip and fall personal injury cases in New York is three years from the date of the accident. If a government-owned or government-maintained property was involved — including a New York City sidewalk, subway station, NYCHA housing complex, or public school — a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. Missing this 90-day deadline permanently bars your claim against the government entity, regardless of how serious your injuries are.
Why Slip and Fall Injuries Are Frequently Underestimated
The most dangerous aspect of many slip and fall injuries is the delay between the accident and the onset of symptoms. Traumatic brain injuries, spinal cord damage, herniated discs, and internal bleeding may produce little or no pain immediately after a fall — only to become severely debilitating within 24 to 72 hours. This delay causes two serious problems: injured victims do not seek same-day medical care, and insurers use the gap in treatment to argue the injury was not caused by the fall. According to the National Library of Medicine, many traumatic brain injuries present with delayed symptoms — including cognitive impairment, headaches, and balance disorders — that can persist for months or become permanent.
Property owners and their insurers move quickly after a slip and fall accident. Surveillance footage at stores, restaurants, and apartment buildings is typically overwritten within 24 to 72 hours. Wet floor condition reports, maintenance logs, and prior incident records are controlled by the property owner. Witnesses leave and become unreachable. Brett Nomberg acts immediately to preserve all evidence — sending legal hold notices, subpoenaing surveillance footage, and documenting the hazardous condition before it is repaired or altered. Visit his verdicts and settlements page to see how this approach produces results, including a $1.4 million verdict for a Queens slip and fall on ice.
Most Common Slip and Fall Injuries in New York
| Injury Type | How It Occurs in a Slip and Fall | Typical Symptoms | Diagnostic Tests Required |
|---|---|---|---|
| Traumatic brain injury (TBI) | Head strikes floor, step, or hard surface on impact; also occurs from violent deceleration without direct contact | Headache, confusion, memory loss, nausea, light sensitivity, mood changes; may be delayed 24–72 hours | CT scan, MRI, neurological evaluation; neuropsychological testing for cognitive effects |
| Spinal cord injury / herniated disc | Landing on the back, tailbone, or neck; sudden twisting or compression of the spine during the fall | Back or neck pain, radiating arm/leg pain (radiculopathy), numbness, weakness; paralysis in severe cases | MRI (gold standard for disc injuries), CT myelogram, electromyography (EMG) |
| Hip fracture | Direct impact to hip on hard floor; most common in adults over 60 due to bone density loss | Severe hip pain, inability to bear weight, swelling; leg may appear rotated | X-ray, CT scan; MRI if X-ray negative but fracture suspected |
| Wrist and arm fractures (FOOSH) | Instinctive outstretched hand to break fall; fractures of the distal radius, ulna, or both (“fall on outstretched hand”) | Immediate pain, swelling, deformity, bruising; loss of grip strength | X-ray; MRI for soft tissue and ligament involvement |
| Knee injury (torn meniscus / ACL) | Twisting, torquing, or hyperextension of the knee during the fall or at landing | Knee pain, swelling, instability, popping sensation, limited range of motion | MRI (most accurate for meniscus and ligament tears); X-ray to exclude fracture |
| Shoulder injury (rotator cuff / dislocation) | Falling on an outstretched arm, landing on the shoulder, or bracing against a wall | Shoulder pain, weakness, limited range of motion, visible deformity in dislocations | MRI; X-ray for dislocation or fracture |
| Ankle fracture / sprain | Foot catches on edge, step, or uneven surface; ankle twists at high force during the fall | Swelling, bruising, pain with weight bearing; inability to walk in severe fractures | X-ray (Ottawa ankle rules); MRI for ligament tears and high ankle sprains |
| Soft tissue injuries | Muscle strains, ligament sprains, and contusions from the force and twisting of the fall across multiple body areas | Pain, swelling, limited motion; symptoms often peak 24–48 hours after the fall | Clinical diagnosis; MRI if symptoms persist to rule out structural damage |
| Facial and dental injuries | Forward fall where face strikes floor, step, or counter | Lacerations, nose fractures, eye socket fractures (orbital blowout), broken teeth | CT facial bones; dental X-ray; ophthalmologic evaluation for orbital injuries |
| Internal injuries | High-impact falls, especially in elderly patients; rib fractures can puncture organs; abdominal impact causes internal bleeding | Abdominal pain, shortness of breath, dizziness; symptoms may be delayed | CT abdomen/pelvis; ultrasound FAST exam in emergency evaluation |
Traumatic Brain Injury from a Slip and Fall
Traumatic brain injury is among the most serious and most underdiagnosed consequences of a slip and fall accident. The CDC reports that falls cause 48% of all TBI-related emergency department visits nationally — making falls the single largest cause of TBI. In New York slip and fall cases, TBI most commonly results from the back of the head striking a hard floor, a step edge, or a concrete surface. Mild TBI (concussion) is frequently dismissed as minor, but the CDC’s TBI fact sheet notes that even “mild” TBI can cause persistent cognitive impairment, memory loss, depression, and sensitivity to light and sound lasting months or years. For a comprehensive look at TBI claims, visit Brett Nomberg’s brain injury practice page.
Proving TBI after a slip and fall requires same-day emergency evaluation, neuroimaging, and ongoing specialist care. Gaps in treatment — or the absence of an emergency room visit on the day of the fall — are consistently exploited by property owners’ insurers to argue that the TBI either did not occur or was caused by something else. Seek care immediately, every time, without exception.
Hip Fractures: The Most Dangerous Slip and Fall Injury for Older Adults
Hip fractures caused by slip and fall accidents are a leading cause of disability and death among older adults. According to the CDC, more than 300,000 Americans age 65 and older are hospitalized for hip fractures each year, and one in five hip fracture patients dies within 12 months of the injury. Hip fractures require surgical intervention — either open reduction and internal fixation (ORIF) or partial or total hip replacement — followed by extended rehabilitation. For elderly New York residents who fall on icy NYC sidewalks (the responsibility of property owners under NYC Administrative Code §7-210), in negligently maintained apartment building hallways, or in retail establishments with wet or uneven floors, this injury can permanently eliminate independent living. Brett Nomberg’s $1.4 million Queens slip and fall verdict demonstrates the value of aggressively pursuing these cases.
Spinal Injuries from Slip and Falls
Spinal injuries are among the most economically devastating consequences of a slip and fall accident. Herniated discs and nerve compression injuries from slip and falls frequently require epidural steroid injections, physical therapy, and surgical intervention including discectomy or spinal fusion. Permanent radiculopathy — chronic radiating pain, numbness, or weakness in the arms or legs — is a common outcome. In the most severe cases, cervical spine injuries can cause partial or complete paralysis. For detailed information on spinal injury claims, see Brett Nomberg’s spinal cord injury page. The economic costs of serious spinal injuries — surgeries, long-term rehabilitation, home modifications, lost earnings — easily exceed $1 million over a lifetime, and New York premises liability law allows full recovery of these costs when a property owner’s negligence caused the fall.
Where Slip and Fall Accidents Most Commonly Occur in New York
- Icy sidewalks and walkways — Under NYC Administrative Code §7-210, adjacent property owners are responsible for keeping public sidewalks clear of snow and ice within four hours of the end of a snowfall (or by 11:00 AM for overnight snowfall)
- Wet supermarket and retail floors — Spills, recently mopped areas, and produce section floors that are not marked with wet floor signs
- Apartment building common areas — Broken stair treads, missing handrails, poor lighting in hallways, lobbies, and stairwells
- Subway stations and MTA platforms — Wet platforms, broken tiles, uneven surfaces; claims require a Notice of Claim to the MTA within 90 days
- Restaurants and bars — Wet floors near entrances, spilled drinks, and floor mats that slip or buckle
- Hospital and medical facility floors — Polished tile floors, medical equipment cords, and improperly placed floor mats
- Construction sites — Debris, mud, unsecured materials, and wet surfaces; additionally covered by Labor Law §241(6)
- Parking lots and garages — Potholes, cracked pavement, inadequate lighting, and uneven surfaces
What to Do After a Slip and Fall Injury in New York
- Seek medical evaluation the same day. Even if you feel only minor pain, go to an emergency room or urgent care that day. TBI, spinal injuries, and fractures may not produce severe symptoms immediately. A same-day medical record is the single most important document in your case.
- Report the accident to the property owner or manager before leaving. Request a written incident report and retain a copy. This creates an official record tied to the date and location of the fall.
- Photograph the hazardous condition immediately. Document the wet floor, broken step, missing handrail, ice patch, or uneven surface before it is repaired, dried, or cleaned. If possible, photograph the absence of any wet floor sign or warning.
- Preserve any footwear worn during the fall. The soles of your shoes at the time of the accident are evidence. Do not clean, wear, or discard them.
- Identify and collect witness information. Anyone who saw the fall, the condition, or the lack of a warning sign is a potential witness. Get names and phone numbers before they leave.
- Request that video footage be preserved. Ask the property manager in writing to preserve all surveillance footage from the date of the accident. This creates a legal obligation to retain it before it is overwritten.
- Do not give a recorded statement to the property owner’s insurer. You are not legally required to do so. Adjusters are trained to use recorded statements to minimize your claim. Speak with Brett Nomberg first.
- Contact Brett Nomberg immediately. If a government property is involved, the 90-day Notice of Claim deadline begins running the day of the fall. Evidence disappears within days. Every hour of delay matters.
How New York Premises Liability Law Applies to Slip and Fall Injuries
To succeed in a New York slip and fall lawsuit, four elements must be established: (1) the property owner owed you a duty of care — which exists for all lawful visitors on commercial, residential, and public properties; (2) the owner breached that duty by failing to maintain safe conditions or warn of a known hazard; (3) the breach caused your injury; and (4) you suffered actual damages. New York’s comparative negligence rule under CPLR §1411 allows you to recover even if you were partially at fault — for example, if you were wearing improper footwear or were distracted. Your damages are reduced by your percentage of fault, but not eliminated. Property owners regularly argue comparative fault in slip and fall cases to reduce their exposure. Brett Nomberg is experienced in defeating these arguments with evidence.
Under NYC Administrative Code §7-210, abutting property owners — not the City — are responsible for maintaining public sidewalks adjacent to their properties. This means that when a pedestrian is injured on a cracked, uneven, or icy NYC sidewalk, the adjacent building owner, landlord, or commercial tenant may be liable. One important exception: the City remains responsible for sidewalks adjacent to one- and two-family residential properties that are owner-occupied. For detailed information on sidewalk injury claims, see Brett Nomberg’s NYC sidewalk accident page.
Frequently Asked Questions
| Question | Answer |
|---|---|
| What is the most common injury from a slip and fall? | Wrist fractures (from instinctively extending the hands to break a fall) and hip fractures (particularly in older adults) are among the most frequent. Traumatic brain injury is the most serious and is frequently underdiagnosed in the immediate aftermath of a fall. |
| How long do I have to file a slip and fall lawsuit in New York? | Three years from the date of the accident for private property under CPLR §214. If the property is owned or maintained by a government entity — including the City of New York, MTA, NYCHA, or any public agency — a Notice of Claim must be filed within 90 days under GML §50-e. |
| Do I need to prove the property owner knew about the hazard? | Yes — but “constructive notice” counts. If the dangerous condition existed long enough that a reasonable property owner exercising proper maintenance should have discovered and fixed it, you do not need to prove they had actual knowledge of the specific hazard. |
| Can I still recover if I was partially at fault for my slip and fall? | Yes. New York follows pure comparative negligence under CPLR §1411. Even if you were 40% at fault for the accident, you can still recover 60% of your total damages. Property owners routinely raise comparative fault as a defense — Brett Nomberg builds cases specifically to defeat it. |
| What if I fell on a NYC sidewalk — who is responsible? | Under NYC Administrative Code §7-210, the owner of the abutting property is responsible for maintaining the adjacent sidewalk, including snow and ice removal. The City of New York is liable only for sidewalks adjacent to one- and two-family residential properties that are owner-occupied. |
| Can I sue the MTA or NYC Housing Authority after a slip and fall? | Yes, but you must file a Notice of Claim within 90 days of the accident. For MTA claims, the Notice of Claim goes to the MTA directly. For NYCHA properties, it goes to the New York City Housing Authority. Missing these deadlines bars your claim. |
| What if I did not go to the hospital immediately after my fall? | Seek care as soon as possible — even days later. Delayed presentation is common with many serious injuries including TBI and herniated discs. However, every day of delay gives the property owner’s insurer additional ammunition to argue the injury was caused by something unrelated to the fall. See a doctor today. |
| What kind of compensation can I recover in a slip and fall case? | Compensation in a New York slip and fall case can include: past and future medical expenses, past and future lost wages and loss of earning capacity, pain and suffering, permanent disability and disfigurement, and loss of enjoyment of life. In cases involving elderly victims with hip fractures or brain injuries, these damages can reach into the hundreds of thousands or millions of dollars. |
| What evidence does Brett Nomberg gather in slip and fall cases? | Brett subpoenas surveillance footage (before it is overwritten), maintenance and inspection logs, prior incident reports for the same location, weather and temperature records for ice claims, building violation histories, and expert testimony on the dangerous condition. He also works with medical experts to document the full scope and permanence of your injuries. |
About Brett J. Nomberg
Brett J. Nomberg has practiced personal injury law in New York for more than 30 years. He personally manages every case — clients speak directly with Brett, never a paralegal or junior associate. He is available 24 hours a day, 7 days a week, including weekends and holidays. His record includes a $1.4 million verdict for a Queens slip and fall on ice and a $1.7 million result in a case where surveillance tape was hidden. He represents pedestrian accident victims, clients with traumatic brain injuries, spinal cord injuries, and wrongful death cases arising from slip and fall accidents across all five boroughs and New York State. Learn more at his attorney profile page. All cases are handled on a contingency fee basis — you pay nothing unless Brett wins.
Slip and Fall Injuries Are Serious. New York Law Holds Negligent Property Owners Accountable. Brett Nomberg Makes It Happen.
If you or a family member was injured in a slip and fall on someone else’s property in New York, do not wait. Surveillance footage disappears within 72 hours. Government claim deadlines start running the day of the fall. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach the firm at the online contact page. There is no fee unless Brett wins.