Table of Contents
- Understanding Slip and Fall Accidents in New York
- Most Common Places Where Slip and Fall Accidents Occur
- Common Causes of Slip and Fall Accidents in New York
- Who’s Liable for Slip and Fall Accidents in New York?
- What To Do if You Slip and Fall in New York
- Injured in a Slip and Fall Accident in New York? Lever & Ecker Can Help
Understanding Slip and Fall Accidents in New York
A slip and fall accident occurs when someone slips, trips, or falls on another person’s property and is injured. Under New York’s premises liability laws, property owners, business operators, and property managers have a legal duty to keep their premises safe. This includes regularly inspecting their property, addressing dangerous conditions, and taking reasonable precautions to prevent accidents.
Slip and fall accidents are often caused by hazards such as wet floors, uneven surfaces, or walkway obstacles. Depending on the circumstances, you may have a legal claim against the property owner, the management company, a tenant, or anyone else responsible for maintaining property safety.
Most Common Places Where Slip and Fall Accidents Occur
Below is an overview of some of the most common places where slip and fall accidents happen in New York:
Grocery Stores and Retail Shops
Slip and fall accidents in New York grocery stores or retail shops often occur because of wet floors, spills, cluttered aisles, or dim lighting. Store owners and employees must inspect regularly, correct hazards promptly, and warn customers until conditions are made safe.
Apartment Complexes and Residential Buildings
Uneven flooring, broken stairs, and icy walkways can cause slip, trip, and fall accidents in apartment complexes and residential buildings. Landlords and property managers are responsible for maintaining common areas, including hallways, entrances, and stairwells.
Sidewalks and Parking Lots
Dangerous surface conditions, such as ice, snow, or uneven pavement, often cause accidents in parking lots and on sidewalks.
Most municipalities in New York have ordinances outlining when property owners, rather than the city, are responsible for sidewalk hazards and resulting injuries. Generally, property owners are required to maintain the sidewalks adjacent to their property in a reasonably safe condition and may be held liable for injuries resulting from their failure to do so. This responsibility does not apply to sidewalks outside single-family, two-family, or three-family residential properties. If your fall occurred on a sidewalk in front of one of these residential properties due to unsafe conditions, you may have grounds to file a claim against the city instead.
Owners of parking lots and garages may be liable for slip and fall accidents if they fail to maintain their premises in a safe condition.
Workplaces and Office Buildings
Workplace and office slip and fall accidents often result from wet floors, unstable ladders at construction sites, loose cords, or uneven carpets. We will evaluate all responsible parties and pursue the compensation you deserve.
Restaurants and Bars
Slip and fall accidents in restaurants can result from spilled food or drinks on the floor. Restaurant owners in New York are required to maintain a safe and clean premises, promptly addressing any hazardous conditions to prevent injuries.
Public Buildings and Government Property
These types of accidents can occur in city-owned buildings, courthouses, or transit stations. Before suing a New York municipality, you must submit a Notice of Claim within 90 days of the incident and then wait 30 days before you can proceed with a lawsuit.
In addition, some New York municipalities require proof that the city or town received prior notice of the hazard or defect that caused your injury. A simple phone call or general awareness of the condition is not enough. You must demonstrate that an authorized official received written notice and that the municipality had a reasonable opportunity to correct the problem, but failed to do so.
Hospitals and Nursing Homes
Slip and fall accidents in hospitals and nursing homes often result from unsafe flooring, poor maintenance, or over-waxed surfaces. Patients, especially elderly individuals, are particularly vulnerable to these accidents due to potential factors such as reduced balance and mobility, chronic health conditions, visual impairments, and side effects from medications.
Schools and Universities
Wet hallways, gym floors, and icy outdoor walkways at schools and universities may cause slip and fall accidents.
Liability for a school-related accident can depend on whether the school is public or private. If the accident occurs at a private school, the school is generally responsible. In the case of a public school, liability usually falls on the public school district. However, depending on the circumstances, other parties—such as individual staff members, school administrators, or other involved parties—may also be held accountable.
Common Causes of Slip and Fall Accidents in New York
Some of the most common causes of slips, trips, and falls in New York include:
- Broken floorboards or tiles
- Broken stairs, handrails, or balcony rails
- Clutter and debris
- Ice and snow accumulation
- Improper floor maintenance
- Poor lighting
- Potholes
- Puddles caused by leaks or rain
- Recently mopped, waxed, or cleaned floors without “wet floor” warnings
- Spilled liquids or food
- Unexpected steps without warnings
- Uneven or loose floors
Who’s Liable for Slip and Fall Accidents in New York?
In New York, several parties may be potentially liable for slip and fall accidents, depending on the circumstances of the incident. These parties may include:
- Property owners and landlords: Individuals or companies that own residential properties, commercial buildings, or other properties have a legal duty to maintain their premises in a safe condition.
- Businesses and employees: Stores, restaurants, and other commercial establishments must maintain safe conditions for customers and visitors.
- Government entities: Cities, towns, or other government entities can be responsible for accidents on sidewalks, parks, or other public property.
Shared Fault and Comparative Negligence
New York follows a pure comparative negligence rule, which allows victims to recover compensation if they were partially or mostly at fault for their injuries. Your compensation will be reduced by the percentage of fault assigned to you.
Insurance companies often try to unfairly shift blame onto victims to limit payouts. Insurers conduct thorough investigations to find ways to discredit victims or pressure them into admitting fault. If you have been injured in an accident, it is crucial to have experienced legal representation on your side.
What To Do if You Slip and Fall in New York
- Seek medical care immediately: Your health and safety are the top priority. Early medical attention can prevent your injuries from worsening and provide documentation to support your case.
- Report the accident: Notify the property owner, manager, business owner, or relevant government entity about the incident as soon as possible.
- Gather evidence: Photograph the scene, collect contact information for any eyewitnesses, obtain maintenance records, and retain all medical records and bills related to your injuries.
- Contact a slip and fall attorney: Speak with an experienced attorney to safeguard your rights and strengthen your case.
Injured in a Slip and Fall Accident in New York? Lever & Ecker Can Help
If you were injured in a slip and fall accident, whether in a grocery store, apartment building, or public space, Lever & Ecker is here to fight for you. Our compassionate New York slip and fall lawyers provide top-tier legal representation and maintain an open line of communication, and are always prepared to take a case to trial if necessary. Our attorneys bring 70 years of combined experience and have recovered hundreds of millions in compensation for our clients.
Contact us online or call us today for a free consultation and learn how we can handle the legal process on your behalf and pursue the full and fair compensation you deserve.
White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337
