Slip & Falls
Slip and fall incidents are one of the most common causes of injury in New York and throughout the United States. A slip and fall incident occurs when an individual slips on a foreign substance, such as water, grease, food, snow, or ice, that is on a floor, stair, or other walking surface. While some slip and fall incidents might only cause minor cuts and bruises, others can cause broken bones and even traumatic brain injuries that can leave their victims permanently disabled.
In New York, building owners, managing agents, and other possessors of property are responsible for keeping their property in a reasonably safe condition. Some incidents occur when a dangerous condition is created, such as when a floor is mopped and left to dry without a warning sign. When the dangerous condition has not been created, however, it becomes necessary to prove that the building owner or managing agent either knew, or should have known, about the condition long enough before the incident to have allowed it to correct it.
Important steps to take if you’ve been involved in a slip and fall incident include:
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Report the incident
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Seek medical attention right away
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Write down the names of witnesses
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Take photographs of the condition that caused your fall
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Avoid giving recorded statements to insurance adjustors
If you’ve been involved in a slip and fall incident, do not hesitate to contact Kramer, Dunleavy & Ratchik, PLLC. We’ve successfully represented individuals in slip and fall incidents and know how to uncover the evidence needed to prove negligence in such cases. Such evidence often spells the difference between no recovery and fair compensation for your pain and suffering, loss of enjoyment of life and economic loss.
FAQ's
1. What should I do right after a slip & fall accident in NYC?
First, get medical attention even if you think the injury is minor. Seek emergency help or see a doctor, document everything: take photos of the hazard and injuries, get witness names/contact info, make notes about the place/time, and report the incident to property management or the owner. Then reach out to a personal injury lawyer soon.
2. Who can be held liable if I slipped and fell, the property owner, manager, or
someone else?
In New York, liability can fall on the property owner, manager, lessee, or other party who has control over the premises. If the dangerous condition was something they created, or knew (or should have known) about and failed to fix or warn, they may be liable.
3. Do I lose my right to sue if the fall happened on public property (like a sidewalk or
park)?
Not always but there are extra steps. If it’s public property, you often must first file a Notice of Claim with the relevant city, state, or municipal agency (usually within 90 days of the accident). Then you have a deadline (often about 1 year and 90 days) to file the lawsuit. Failing to meet these can bar your claim.
4. What kinds of injuries from a slip & fall are compensable?
Many types: broken bones, sprains, head injuries, back injuries, soft tissue damage, and sometimes long‑term impact like chronic pain or disability. What matters is that the injury is medically documented and tied to the accident.
5. How long do I have to file a slip & fall claim in New York?
Usually you have 3 years from the date of your accident to file a lawsuit under New York’s statute of limitations for personal injury claims. If the defendant is a government agency, there are additional notice requirements and shorter deadlines.
6. Will my case be affected if I was partly at fault for the slip & fall?
Yes. New York uses a pure comparative negligence system. That means even if you are partly at fault, you can still recover damages, but your recovery can be reduced by your percentage of fault. For example, if you were 30% at fault, your damages award would be reduced by 30%.
7. What damages can I recover from a slip & fall, medical bills, lost wages, pain
and suffering, etc.?
You may recover economic damages (medical expenses, future medical care, lost earnings, lost earning capacity) and non‑economic damages (pain & suffering, emotional distress). Sometimes damages for long‑term disability or lost enjoyment of life are also included.
8. How much does it cost to hire a lawyer for a slip & fall case?
Most personal injury lawyers in NYC work on a contingency fee basis for slip & fall cases. That means you pay no fee unless they win or settle, in which case they take a percentage of the recovery (usually 33.3%). You may also have to pay for some case expenses (medical records, expert fees), but many firms advance them and are reimbursed only if you recover.
9. How do I gather evidence for a slip & fall case?
Helpful evidence includes: photos of the hazard and its surroundings, photos of your injuries, surveillance video (if available), incident or maintenance reports, medical records, witness statements with contact info, your own notes about what happened. The sooner you collect evidence, the better.
10. How long will a slip & fall case take from start to finish?
It depends on many factors, including the complexity of liability, whether there is motion or appellate practice, and if the case proceeds to trial. Some cases settle in 12-18 months. Other cases take years.
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Kramer, Dunleavy & Ratchik, PLLC is located in New York NY and serves clients in Manhattan, Brooklyn, Bronx, and Queens.This website contains “attorney advertising”. Prior results do not guarantee a similar outcome.
The information contained on this website is for general information purposes and is not intended to be legal advice.
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