Post Slip and Fall Accident Guide

Post Slip and Fall Accident Guide — New York

Post slip and fall steps — the actions you take in the hours and days after a fall — determine whether your New York premises liability claim succeeds or gets denied. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has guided injured people through this exact process for more than 30 years. What you document at the scene, whether you get same-day medical care, and whether evidence is preserved before a property owner destroys it are decisions made quickly — and they carry long-term legal consequences.

Slip and fall accidents send nearly 9 million Americans to the emergency room each year, making falls the leading cause of ER visits nationally. In New York, premises liability law holds property owners and managers responsible when a dangerous condition — wet floors, broken stairs, uneven pavement, inadequate lighting, or missing handrails — causes a visitor or tenant to fall and suffer injury. Under New York premises liability law, a property owner is liable when they created a hazardous condition, knew about it, or should have known about it through reasonable inspection, and failed to correct or warn about it before someone was hurt.

New York’s statute of limitations for slip and fall cases is three years from the date of the accident under CPLR §214 for private property. If the fall occurred on government-controlled property — a city sidewalk, an MTA subway station, a NYCHA building, or a public park — a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. Missing that 90-day deadline permanently bars your claim against the government entity, regardless of injury severity. New York City’s 311 system maintains records of prior complaints about the same hazard — those records are subpoenaed by Brett Nomberg to prove the city had notice before your fall.

Why Your Post Slip and Fall Actions Determine Your Case

Property owners and their insurers move quickly after a fall is reported. Post slip and fall surveillance video is reviewed, the floor is cleaned, a repair is made, and incident reports are written — all before you speak with an attorney. In New York, property owners have no legal obligation to preserve evidence unless they receive a formal preservation demand from your lawyer. Surveillance footage at retail stores, restaurants, apartment buildings, and hotels is routinely overwritten on 24 to 72-hour loops. Once it is gone, it is gone permanently. Brett Nomberg sends evidence preservation letters immediately upon being retained, legally obligating the property owner to maintain every piece of relevant documentation.

Insurers also begin their investigation immediately. Post slip and fall, adjusters review incident reports, photograph the scene, and interview employees within days of the fall. Every gap in your medical treatment, every inconsistent statement, and every delay in reporting becomes a tool the insurer uses to argue your injuries were not caused by the fall or were not serious. The post slip and fall steps below are designed to close every one of those gaps before they can be exploited. For examples of how thorough case preparation produces results, visit Brett’s verdicts and settlements page — including a $1.4 million Queens slip and fall on ice verdict and a $1.7 million result in a case where a surveillance tape was hidden.

Post Slip and Fall | Immediate Steps at the Scene

1. Stay at the scene and document everything before leaving. Your exact location — the specific tile, staircase step, sidewalk section, or parking lot area — is the foundation of your case. Leaving without documenting it allows the property owner to make alterations before evidence is preserved.
2. Photograph the hazard immediately from every angle. Use your phone to photograph the exact surface where you fell; the water, ice, broken tile, uneven surface, missing handrail, or other hazard; the surrounding area showing lighting conditions; any wet floor signs — or their absence; and your visible injuries including torn clothing. Take wide shots and close-up shots of the specific defect.
3. Report the fall to the property owner, manager, or supervisor before you leave. Ask to file an incident report and request a copy on the spot. If they refuse, photograph it or write down the name of the person you reported to, the time, and what was said. The incident report is official documentation that the fall occurred at that location on that date.
4. Collect witness names and contact information immediately. Anyone who saw the fall or the hazardous condition is a critical witness. Get names and phone numbers before anyone leaves — witnesses who are not identified at the scene are nearly impossible to locate later.
5. Seek medical care the same day — even if you feel able to walk. Spinal injuries, traumatic brain injuries, hip fractures, and internal injuries from falls frequently cause delayed pain. A same-day ER or urgent care visit creates a medical record tying your injuries directly to the fall on that date. A gap of even one or two days gives insurers grounds to argue your injuries occurred elsewhere.
6. Do not give a recorded statement to the property owner’s insurance company. The adjuster who calls within hours of the fall is not working in your interest. Recorded statements are analyzed for inconsistencies used to reduce or deny your claim. You are not legally required to provide one. Speak with Brett Nomberg first.
7. Do not sign any release or accept any early settlement offer without legal advice. Early offers are typically a fraction of the full value of a serious injury claim. Signing a release eliminates all future claims — even if your injuries worsen significantly.

Post Slip and Fall Deadlines in New York

Evidence That Supports a Post Slip and Fall Claim

Slip and fall cases depend entirely on evidence. New York courts require proof that the property owner created, knew about, or should have known about the hazardous condition — and that the condition directly caused the fall. The following evidence types are most important in New York slip and fall cases and must be gathered as quickly as possible:

• Surveillance footage — from the property’s cameras and from nearby businesses, ATMs, doorbells, and traffic cameras; overwritten in 24–72 hours; preserved only by a legal hold letter sent immediately after retaining Brett Nomberg
• Photographs of the hazard — taken at the scene immediately after the fall; the specific defect, the lighting, the location, and the absence of warning signs
• Incident report — the property’s copy often contains admissions about the condition that support your claim
• Maintenance and inspection logs — records showing when the floor was last mopped, inspected, or repaired; subpoenaed in litigation
• Prior complaint records — NYC 311 complaints, prior tenant complaints, or prior incident reports at the same location demonstrating the owner had notice of the hazard
• Weather and temperature records — for outdoor ice and snow falls; National Weather Service data establishes conditions at the time of the accident
• Medical records — ER reports, imaging (X-ray, MRI, CT scan), and specialist notes linking your injuries to the fall
• Witness statements — names, contact information, and accounts from anyone present at the scene
• The shoes you were wearing — preserve them; insurers examine footwear to argue contributory fault

Who Is Liable for Your Post Slip and Fall Injuries

Common Injuries in Slip and Fall Cases

• Hip fractures — among the most serious fall injuries, particularly for older adults; frequently require surgery and extended rehabilitation
• Knee injuries — meniscus tears, ACL ruptures, and patellar fractures from sudden twisting falls
• Wrist and arm fractures — instinctive outstretched-hand fractures (FOOSH injuries) are among the most common fall-related fractures
• Spinal injuries — herniated discs, vertebral compression fractures, and nerve damage; see spinal cord injury page
• Traumatic brain injury (TBI) — from head impact with the floor, steps, or nearby surfaces; see brain injury practice page
• Shoulder injuries — rotator cuff tears, labrum damage, and dislocations from impact or bracing during a fall
• Soft tissue injuries — sprains, strains, and muscle tears that may be underestimated initially but cause long-term limitation
• Wrongful death — falls are the second leading cause of unintentional injury death nationally; when a fall claims a life, see wrongful death page

New York Comparative Negligence and Your Post Slip and Fall Claim

New York follows a pure comparative negligence rule under CPLR §1411. You can recover compensation even if you were partly responsible for the fall — for example, if you were distracted, wearing certain footwear, or walked past a visible warning sign. Your damages are reduced in proportion to your share of fault. If a jury finds you were 30% at fault and awards $500,000, you collect $350,000. Property owners and their insurers routinely argue the hazard was “open and obvious” or that the injured person failed to use reasonable care. Witness accounts, shoe evidence, and surveillance footage showing the scene immediately before the fall are the most effective ways to counter these arguments. Brett Nomberg anticipates and prepares for these defenses from the start of every post slip and fall case.

Post Slip and Fall Step-by-Step Timeline

Frequently Asked Questions About Post Slip and Fall Claims

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About Brett J. Nomberg

Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, including premises liability and slip and fall cases across all five boroughs. He personally manages every case — clients speak directly with Brett, not a paralegal. He is available 24 hours a day, 7 days a week. His results include a $1.4 million Queens slip and fall on ice verdict, a $1.7 million case where a surveillance tape was concealed, and a $3.9 million result where evidence was hidden. He also handles brain injury, spinal cord injury, pedestrian accident, and wrongful death cases. All cases are handled on a contingency fee basis — no fee unless Brett wins. Learn more at his attorney profile page.

Your Post Slip and Fall Steps Start Now — Call Brett Nomberg

Surveillance footage disappears. Wet floors get mopped. Broken tiles get repaired. Every hour that passes gives the property owner and their insurer an advantage. Call (212) 808-8092 any time — 24/7 — or reach us at our online contact page. There is no fee unless we win.