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A slip and fall accident (also called a trip and fall accident) occurs when a person is injured because a walking surface — indoors or outdoors — contains a dangerous condition such as water, ice, oil, uneven pavement, cracks, debris, or other hazards that cause a person to lose balance and fall.
At The Bongiorno Law Firm, our experienced New York City slip and fall attorneys represent victims throughout New York City and the surrounding boroughs. We handle complex premises liability cases involving negligent property owners, businesses, landlords, and municipal entities.
What Are the Elements of a Slip and Fall Case in New York?
To succeed in a New York slip and fall case, the injured person must prove that the property owner was negligent. This generally requires showing:
- A dangerous condition existed on the property.
- The property owner either:
- Created the dangerous condition,
- Knew about the condition, or
- Should have reasonably known about the condition,
- Created the dangerous condition,
- The owner failed to fix, warn about, rope off, or properly clean the hazard.
- The dangerous condition directly caused the injury.
If the property owner did not have actual or constructive notice of the hazard, proving negligence can be more challenging. For example, during an ongoing snowstorm, property owners are generally not required to clear accumulating snow and ice until the storm has ended.
Common Slip and Fall Scenarios
If the owner had notice of the dangerous condition and failed to correct it, the injured person may have a valid claim:
- Wet floors in stores: Water left unattended on a store floor causes a customer to slip and suffer injuries.
- Produce aisle hazards: Crushed fruit creates a slippery surface in a grocery store, and staff failed to inspect or clean the aisle.
- Recently mopped floors without warnings: No caution signs or barriers are placed around a slippery cleaning area.
- Snow and ice on sidewalks: A property owner fails to clear ice after a storm, or attempts removal but leaves behind a dangerous condition.
Snow and ice cases can be complex. However, liability may exist if the property owner created the hazard or negligently performed snow removal.
What To Do After a Slip and Fall Accident in NYC
If you are injured in a New York City slip and fall accident, take the following steps:
1. Seek Immediate Medical Attention
Even minor injuries may worsen over time. Medical records will also serve as critical evidence.
2. Document the Scene
Take clear photos:
- Close-ups of the hazardous condition
- Wide-angle shots showing the surrounding area
- Any visible injuries
Collect witness contact information whenever possible.
3. Preserve Evidence
Keep the clothing and shoes you were wearing. Avoid discussing the accident on social media.
4. Contact a Slip and Fall Lawyer
New York has strict filing deadlines, especially for claims involving government property.
The attorneys at The Bongiorno Law Firm can guide you through every step of the legal process.
Who Is Liable in a New York Slip and Fall Accident?
Liability depends on whether the property owner acted negligently in maintaining safe premises.
To establish liability, you must show:
- The hazardous condition existed long enough that the owner should have discovered it, or
- The owner created the dangerous condition.
For example:
- An unmarked wet floor
- A poorly lit stairwell
- A missing or defective handrail
- An icy walkway not properly cleared
Even if you were partially at fault (for example, distracted walking), New York follows comparative negligence rules, meaning your compensation may be reduced — but not eliminated — based on your percentage of fault.
Slip and Fall Accidents on Government Property
If your fall occurred on property owned by a municipal agency — such as public housing or transit facilities — additional legal requirements apply.
In cases involving city-owned property in New York City, you must:
- File a Notice of Claim within 90 days
- File a lawsuit within one year and 90 days
Claims against government entities are complex and require immediate legal action.
Statute of Limitations for Slip and Fall Cases in New York
- Private property cases: Generally three years from the accident date.
- Municipal property cases: 90-day Notice of Claim + one year and 90 days to file suit.
- Wrongful death claims: Two years from the date of death.
Missing these deadlines can permanently bar your claim.
What Damages Can You Recover After a Slip and Fall Accident?
Victims of slip and fall accidents in New York may recover:
Economic Damages
- Medical bills (past and future)
- Surgery and rehabilitation costs
- Lost wages
- Loss of earning capacity
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
In rare cases involving gross negligence, punitive damages may be available.
How The Bongiorno Law Firm Can Help
An experienced NYC slip and fall attorney can:
- Conduct a thorough investigation
- Obtain surveillance footage and maintenance records
- Interview witnesses
- Establish property owner negligence
- File all necessary legal documents within strict deadlines
- Negotiate aggressively with insurance companies
- Take your case to trial if necessary
Insurance companies often attempt to minimize claims. The Bongiorno Law Firm protects your rights and fights for maximum compensation.
Request a Free Consultation With a New York City Slip and Fall Lawyer
The time to act after a slip and fall accident is limited. If you were injured due to unsafe property conditions in New York City, contact The Bongiorno Law Firm today to schedule a free consultation with an experienced slip and fall attorney.
We are committed to helping injured victims pursue justice and full financial recovery.