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Slip and fall accidents across Nassau County, Suffolk County, Brooklyn, Queens, and Manhattan happen in seconds but can change your life permanently.
Wet grocery store floors. Icy sidewalks. Broken stairs. Uneven pavement. Poor lighting in apartment buildings. Parking garages. Restaurants. Public sidewalks.
Under New York law, property owners have a duty to maintain reasonably safe premises. When they fail to do so, they may be held financially responsible.
If you were injured on Long Island or in New York City, the steps you take immediately after the fall can directly impact your health and your ability to recover compensation.
Step 1: Seek Immediate Medical Attention
Even if you believe you are “okay,” seek medical care immediately.
Common slip and fall injuries include:
- Fractures and broken bones
- Concussions and traumatic brain injuries
- Herniated discs and spinal injuries
- Torn ligaments and soft tissue damage
Some conditions, especially head injuries and internal trauma, do not present symptoms right away.
Prompt treatment:
- Protects your health
- Creates medical documentation linking the injury to the accident
- Prevents insurance companies from arguing your injuries are unrelated
Gaps in treatment are one of the most common tactics insurers use to deny claims.
Step 2: Preserve Evidence at the Scene
If physically able, document everything.
Take photos and videos of:
- The exact location of the fall
- Wet floors, ice, debris, broken stairs, uneven pavement
- Absence of warning signs
- Lighting conditions
- Your visible injuries
Preserve the shoes and clothing you were wearing.
Evidence disappears quickly. Surveillance footage may be erased within days. Hazardous conditions get cleaned up.
Strong cases are built on early documentation.
Contact us for more on how these cases are constructed.
Step 3: Report the Incident
Notify the property owner, store manager, landlord, or supervisor immediately.
Request that:
- An incident report is completed
- You receive a copy
This applies whether the fall occurred in:
- A Nassau County supermarket
- A Suffolk County apartment complex
- A Brooklyn restaurant
- A Manhattan high rise
- A Queens sidewalk
- A municipal building
An official report prevents later disputes about when or how the accident occurred.
Step 4: Collect Witness Information
If anyone saw the fall or observed the hazardous condition beforehand, get:
- Full name
- Phone number
- Email address
Independent witness testimony can be powerful, especially when property owners deny responsibility.
Step 5: Document How the Injury Impacts Your Life
Keep a written record of:
- Pain levels
- Medical appointments
- Physical therapy
- Missed work
- Daily limitations
- Emotional distress
This documentation supports claims for:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
Step 6: Do Not Speak to Insurance Companies Alone
Insurance adjusters may contact you quickly. Their goal is to minimize payouts.
Do not:
- Provide a recorded statement
- Sign broad medical authorizations
- Accept an early settlement
Early offers are often far below the true value of the case.
Step 7: Understand New York’s Legal Deadlines
Strict filing deadlines apply.
Under New York Civil Practice Law and Rules § 214, most slip and fall lawsuits must be filed within three years of the accident.
However, if your fall occurred on municipal or public property, different rules apply.
Under New York General Municipal Law §§ 50-e and 50-i:
- A Notice of Claim must typically be filed within 90 days
- The lawsuit deadline is significantly shorter
This commonly affects falls on:
- NYC sidewalks
- Public schools
- Government buildings
- Public housing
- MTA property
Missing these deadlines can permanently bar your claim.
For general information on civil procedures, visit the New York State Unified Court System.
How Liability Is Proven in New York Slip and Fall Cases
To recover compensation, you must prove:
- A dangerous condition existed
- The property owner knew or should have known about it
- They failed to correct it within a reasonable time
- The hazard directly caused your injury
New York follows a comparative negligence rule, meaning you may still recover compensation even if partially at fault, though your recovery may be reduced.
Learn more about The Bongiorno Law Firm slip-and-fall representation.
Frequently Asked Questions
Can I file a claim if no one saw me fall?
Yes. Slip and fall cases are often proven through photographs, surveillance footage, maintenance records, expert testimony, and medical documentation. Eyewitnesses are helpful but not required.
Does a wet floor sign eliminate liability?
No. A warning sign does not automatically shield a property owner. If the condition existed for an unreasonable time or was inadequately addressed, liability may still apply.
What if I was partially at fault?
New York follows comparative negligence. You can still recover compensation even if partially responsible, though your award may be reduced proportionally.
What compensation can I recover?
Depending on the case, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Future medical care
- Pain and suffering
- Permanent disability
How long do I have to file a slip and fall lawsuit in New York?
Most cases must be filed within three years under CPLR § 214. Cases involving public entities require a Notice of Claim within 90 days under General Municipal Law §§ 50-e and 50-i.
Protect Your Rights After a Slip and Fall
Slip and fall injuries are not minor accidents. They can result in long term disability, chronic pain, and financial hardship.
The decisions you make immediately after the accident can determine the strength of your case.
If you or a loved one was injured on Long Island or in New York City, contact The Bongiorno Law Firm for a free consultation:
We Care. We Fight. You Win.
Attorney Advertising.
This blog is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. Consult an attorney regarding your specific situation.
