SLIP, TRIP
AND FALL
FAQ’S
SLIP, TRIP AND FALL FAQ’S
Slip and Fall Frequently Asked Questions
New York slip and fall FAQ answers the questions injury victims ask most — including who is liable for a fall on someone else’s property, what evidence is needed to prove a premises liability claim, how long you have to file a lawsuit, and what compensation you may be entitled to recover. 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 victims across New York City and surrounding counties for more than 30 years. This page provides clear, plain-language answers based on how New York courts actually decide these cases.
Slip and fall accidents are the leading cause of emergency room visits in the United States, accounting for over 8 million ER visits annually according to the National Safety Council. In New York City, premises liability claims — including slip, trip, and fall cases — represent one of the largest categories of personal injury litigation filed each year. Property owners in New York have a legal duty to maintain their premises in a reasonably safe condition for all lawful visitors under General Obligations Law and decades of established case law. When they fail — through negligent maintenance, failure to remedy known hazards, or inadequate warnings — and a visitor is seriously injured, the property owner may be held fully liable for all resulting damages.
New York’s premises liability standard requires proving that the property owner created the dangerous condition, knew about it, or should have known about it through reasonable inspection — and failed to correct it or warn visitors. The statute of limitations for a slip and fall lawsuit against a private property owner is three years under CPLR §214. If a government entity — including New York City, the MTA, the NYC Department of Education, NYCHA, or any municipal agency — owns or maintains the property, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e. Missing the 90-day deadline permanently bars your claim against the government entity.
Frequently Asked Questions About New York Slip and Fall Cases
| Question | Answer |
|---|---|
| Who is responsible for a slip and fall accident in New York? | The property owner, tenant in control of the premises, or managing agent may be liable — depending on who had the duty to maintain the area where you fell. In commercial properties, the responsibility may extend to multiple parties. In government-owned properties, the public entity may be liable if a Notice of Claim is filed on time. |
| What do I need to prove to win a slip and fall case in New York? | You must prove three elements: (1) a dangerous condition existed on the property; (2) the property owner or responsible party created it, knew about it, or should have known about it through reasonable inspection; and (3) the condition caused your injury. Evidence includes photographs, prior complaint records, maintenance logs, witness statements, incident reports, and surveillance footage. |
| What is “constructive notice” and why does it matter? | Constructive notice means the dangerous condition existed long enough that the property owner should have discovered it through routine inspection. New York courts require proof that the condition was visible and apparent, and existed for a sufficient length of time before the accident for the owner to remedy it. This is why surveillance footage showing how long a wet floor or broken step existed before you fell is critical evidence. |
| How long do I have to file a slip and fall lawsuit in New York? | Three years from the date of the fall for private property owners under CPLR §214. If the fall occurred on government-owned or government-maintained property — a sidewalk, subway station, public school, housing project, or government building — a Notice of Claim must be filed within 90 days of the accident under GML §50-e. Waiting until the three-year deadline to act without filing the Notice of Claim first bars your government claim permanently. |
| What if I fell on a New York City sidewalk? | Under NYC Administrative Code §7-210, the abutting property owner — not the City — is responsible for maintaining most sidewalks in New York City. The property owner can be held liable for a sidewalk trip and fall caused by broken, raised, or defective pavement. However, if the City created or caused the sidewalk defect, or if the sidewalk adjoins a government building, the City may be liable — requiring a Notice of Claim within 90 days. |
| Can I sue if I slipped on ice or snow in New York? | Yes — but with an important limitation. New York’s “storm in progress” doctrine provides that a property owner is not required to remove snow and ice while a storm is actively occurring. However, once the storm ends, the owner must clear snow and ice within a reasonable time. If you fell hours or days after a storm ended and the hazard had not been remediated, the owner may be fully liable. |
| What if I fell on MTA subway property or an NYC bus stop? | The MTA is a public authority. A Notice of Claim must be filed within 90 days of the accident. The MTA’s claims process has specific requirements separate from a standard municipal Notice of Claim. Brett Nomberg handles MTA slip and fall cases and files all required notices on time. |
| What if I was partially at fault for my fall? | You can still recover in New York. Under the comparative negligence rule (CPLR §1411), your damages are reduced by your percentage of fault — but you are not barred from recovery. For example, if you were 20% at fault and your damages total $500,000, you recover $400,000. Property owners frequently argue comparative fault to reduce their exposure — Brett Nomberg fights back against these arguments. |
| What if I was injured in a store, restaurant, or retail space? | Commercial establishments owe a duty of reasonable care to customers and invitees. If you slipped on a wet floor, tripped over a misplaced display, or fell due to poor lighting in a store or restaurant, both the tenant operating the business and the property owner may be liable — depending on who controlled the specific condition that caused the fall. |
| What if I fell in a New York City Housing Authority (NYCHA) building? | NYCHA is a public authority and requires a Notice of Claim within 90 days. NYCHA buildings are frequently the subject of slip and fall cases involving broken stairs, poor lighting, missing handrails, wet lobby floors, and defective elevators. Brett Nomberg has extensive experience with NYCHA premises liability claims. |
| What compensation can I recover in a New York slip and fall lawsuit? | If your injuries meet New York’s serious injury threshold or the case involves government liability, recoverable damages include: all past and future medical expenses, past and future lost wages and loss of earning capacity, pain and suffering, permanent disability or disfigurement, and loss of enjoyment of life. There is no statutory cap on damages in a New York slip and fall lawsuit against a private property owner. |
| What evidence is most important in a slip and fall case? | The most critical evidence includes: (1) photographs of the hazard taken immediately at the scene; (2) surveillance video showing the condition and how long it existed — often overwritten within 24–72 hours; (3) the incident report filed at the property; (4) prior complaint records showing the owner knew of the hazard; (5) same-day medical records; and (6) witness contact information. Brett Nomberg sends preservation letters immediately upon engagement to prevent evidence destruction. |
| What should I do immediately after a slip and fall in New York? | Report the accident to the property owner, manager, or supervisor immediately and request a written incident report. Photograph the hazard — the wet floor, broken step, cracked sidewalk, or missing mat — before it is cleaned up or repaired. Collect witness names and contact information. Seek medical evaluation the same day. Then contact Brett Nomberg before giving any recorded statement or signing any release. |
| Do I need to file a police report after a slip and fall? | It is not legally required in most slip and fall cases — but calling 911 and having police document the scene can strengthen your claim. If you fall on a public sidewalk or government property, police documentation creates an additional official record. In any case, the incident report filed at the location of your fall is the most important first step. |
| How long does a New York slip and fall case take to resolve? | It depends on injury severity, the number of liable parties, and whether the case settles or goes to trial. Many cases resolve within 12–24 months through settlement. Cases with serious injuries, multiple defendants, or government defendants typically take 2–4 years through the litigation process. Brett Nomberg moves cases forward aggressively and keeps clients informed at every stage. |
| How much does it cost to hire Brett Nomberg for a slip and fall case? | Nothing out of pocket. All slip and fall cases are handled on a contingency fee basis — Brett only gets paid if he wins your case. There are no upfront fees, no hourly rates, and no costs charged to you during the case. If there is no recovery, there is no fee. |
Common Locations for New York Slip and Fall Accidents
Slip and fall accidents in New York occur across a wide range of property types. Each location involves different liable parties, different evidence requirements, and potentially different notice deadlines:
- Retail stores and supermarkets — wet floors, spilled merchandise, defective flooring; both tenant and landlord may be liable
- Restaurants and bars — spills, wet entrances, defective stairs or restrooms
- Apartment buildings and condos — broken stairs, missing handrails, wet lobbies, poor lighting in stairwells
- NYCHA buildings — chronic maintenance failures; 90-day Notice of Claim required
- NYC sidewalks — defective pavement; abutting property owner liable under Administrative Code §7-210
- MTA subway stations — wet platforms, broken turnstiles, deteriorated stairs; 90-day Notice of Claim required
- NYC public schools and city buildings — 90-day Notice of Claim required; NYC Law Department involvement
- Parking lots and garages — potholes, ice accumulation, inadequate lighting
- Hotels and office buildings — wet lobbies, elevator thresholds, revolving door incidents
- Construction sites — defective walkways, debris, missing floor hole covers; Labor Law §241(6) may also apply
About Brett J. Nomberg
Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, including hundreds of slip, trip, and fall cases across every property type in all five boroughs. He personally manages every case — clients speak directly with Brett, never just a paralegal. He is available 24 hours a day, 7 days a week. His record includes $1.4 million for a Queens slip and fall on ice, $1.7 million in a case where surveillance evidence was hidden, and verdicts exceeding $4.5 million in related personal injury matters. Learn more at his attorney profile page. He also handles brain injuries, spinal cord injuries, and wrongful death cases arising from fall accidents.
Have More Questions About Your New York Slip and Fall Case? Call Brett Nomberg — 24/7, No Fee Unless You Win.
Every slip and fall case in New York has unique evidence, unique liable parties, and deadlines that cannot be missed. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us at our online contact page. There is no fee unless we win.