A Guide to New York Slip and Fall Claims and Lawsuits

You slipped and fell on some liquid spilled in a grocery aisle. Or you tripped and fell on the uneven pavement of your neighbor's front walk. If you've been hurt in a slip and fall or trip and fall accident like one of these, you might be thinking about an insurance claim or a slip and fall lawsuit to recover compensation ("damages") for your injuries.

You've come to the right place. We walk you through the elements of a New York slip and fall claim, focusing most of our attention on the issue of fault—who's legally responsible for your injuries. We'll also touch on the statute of limitations, defenses the landowner might raise, and much more.

The Elements of a New York Slip and Fall Case

New York slip and fall or trip and fall claims are rooted in negligence law. Negligence is the failure to be as careful as the circumstances require. But negligence, by itself, isn't enough. To have a slip and fall case, the landowner's negligence must have caused an injury.

New York Negligence Law

Landowners and others who control real estate—tenants, contractors, property managers, and easement owners, for example (we'll call them all "owners" or "landowners")—have a legal duty to be reasonably careful in keeping their property safe for all foreseeable visitors.

As we'll see, though, duty is a two-way street. Most often, the defendant (the party you're suing) will respond to your claim that they were negligent by arguing that you failed to exercise due care for your own safety—in other words, that you were negligent, too.

To prove that a New York landowner is legally responsible for your slip and fall, you must show that:

• the landowner owed you a duty of care
• the landowner breached, or failed to meet, that duty of care
• you suffered an injury, and
• your injury was caused by the landowner's failure to meet the duty of care.

The first two elements—duty of care and breach of that duty—are what the law calls negligence. In a typical slip and fall case, both are hotly contested.

What Is a Duty of Care?

The duty of care is a legal standard—a rule that explains what a landowner should do to be reasonably sure their property is safe for visitors. It's a way of saying to a landowner "Here's what you must do to avoid legal responsibility for injuries that happen on your property."

In New York slip and fall cases, a landowner's duty of care arises when:

• there's a defective (meaning dangerous) condition on the property, and
• the landowner knows (or in some cases, the landowner should know) about the danger.

What Does the Duty of Care Require?

Under New York law, the duty of care generally requires that a landowner must use reasonable care to assure that their property is reasonably safe for visitors.

But what does that mean? What must the owner actually do to satisfy this standard? Unfortunately, there isn't a single, one-size-fits-all answer to that question. In any case, the nature of the duty depends on the risk of harm that's involved, including the nature and severity of the harm and how likely or foreseeable it is that the harm will occur.

Dangerous conditions that are more likely to cause serious injury or death demand a higher duty of care than those posing only a risk of minor harm. A high degree of likelihood that a harm will come about means the landowner must take greater care than when the likelihood is minimal. On the other hand, a trivial or very minor defect might not create any duty of care.

Courts also consider the burdens a duty of care might place on the landowner. How much time and effort is likely to be involved? What will it cost to fix a dangerous condition, or to maintain the property free of a particular hazard? Higher demands are appropriate in situations when a danger foreseeably might result in catastrophic injury or death, but not when the risk of harm is only slight.

In general, the duty of care requires a landowner to:

• periodically inspect their property to discover hazards, and
• either warn visitors about dangerous conditions, or fix those conditions.

Courts regularly tweak the duty of care depending on the facts of a case. For example, when a landowner knows that visitors will be on their property, the law probably expects them to inspect more frequently and be more vigilant about warnings and repairs.

Consider, for example, a retail shopkeeper. They want customers to come to their store every day. For those customers—the law calls them "invitees" or "business invitees"—daily (or even more frequent) inspections might be necessary. By comparison, imagine a homeowner who invites family and friends for a New Year's Eve party. To keep the property safe for party guests (in legalese, "licensees"), an inspection within a reasonable interval before the party might suffice.

Dangerous Conditions and Landowner Notice

There's no duty of care unless two things are true. First, there must be a defective condition on the land. Second, the landowner must have had notice of the defect—actual or constructive—in sufficient time to warn about or fix it.

Examples of defective conditions. Here are some examples of defective property conditions that often give rise to a duty of care:

• uneven surfaces caused, for example, by something like a crack or break in the pavement or walk
• loose or easily movable surface material such as gravel, rocks, or sand
• wet, slushy, snowy, or icy walkways
• stair runs or risers that are larger or smaller than what's typically required by building or safety codes
• torn, frayed, or unsecured carpets or rugs
• accumulations—natural or artificial—of water, snow, or ice
• foreign substances like liquids, foods, or other slipping or tripping hazards on floors
• aisles or walkways occupied or partially blocked by product displays
• tools or equipment left in aisles or walkways
• products spilled on store aisles
• inadequate lighting
• missing or defective railings, handrails, or guardrails, and
• things hanging from shelves or ceilings.

The landowner must have known of the defect. A landowner can't be expected to warn about or fix dangerous conditions when the landowner isn't aware of them. Proving that the landowner had notice of the defect is critical to a slip and fall claim. Without it, the landowner has no duty of care. In most cases, expect the landowner to deny having notice of the danger.

A landowner's actual knowledge of a defective condition will suffice. When the landowner created the defect, proof that the landowner created it should suffice to show actual knowledge. If the landowner didn't create the danger, proving what they actually knew can be a challenge. Here are examples of the kinds of evidence you might look for.

• Prior incident reports and complaints, documenting earlier encounters with the condition.
• Maintenance records, showing prior efforts to deal with the condition.
• Inspection reports from government agencies, recording prior infractions or safety violations related to the condition.
• Surveillance photos or videos, to prove how the condition came to be and how long it had existed.
• Testimony from others who saw the dangerous condition, to find out what they saw and what, if anything, they reported to the landowner.
• Emails, text messages, and other communications indicating that the dangerous condition was known to the landowner or its agents.
• Testimony from the landowner and the landowner's agents, to find out what they knew about the condition and when they knew it.
• Expert witness testimony, which can help to establish, for example, how long a substance likely had been on the floor before you fell on it.

Sometimes, a landowner's constructive notice of the danger can be enough to establish a duty of care. You'll need to rely on the landowner's constructive knowledge of a dangerous condition when—as often will be the case—the landowner denies having actually known of it.

The key to constructive notice is proving how long the defective condition existed before it injured you. From there, you can argue that had the landowner been reasonably careful, they would have inspected the property, discovered the danger, and fixed it or warned you about it.

(Learn more about proving fault for slip and fall accidents.)

Landowner Defenses: Shifting the Blame to You

In addition to lack of notice, landowners can raise a number of defenses to a slip and fall claim. Three of the most common are:

• you were partly or completely to blame for your injuries
• the danger was open and obvious, and
• you assumed the risk of a known hazard.

You Were to Blame

Your own negligence can be a defense to the owner's legal responsibility for your injuries. If the accident happened in a contributory fault state, any negligence on your part—even 1% of the total—defeats your claim entirely. By contrast, when the accident happened in a comparative fault state like New York, your share of the negligence reduces the damages you can collect.

New York's comparative negligence rule. New York is a "pure" comparative negligence state. Under a pure comparative negligence system, if you're found partly to blame for the fall, your percentage share of the total negligence reduces your personal injury damages by that amount. As long as you're not found to be 100% at fault, though, you can still collect a percentage of your total damages. (See N.Y. C.P.L.R Law § 1411 (2024).)

What did you do that was negligent? The defendant will search high and low for ways to blame you for the fall. Here are a few of the most common claims.

• You were on a part of the property where visitors aren't allowed, or aren't expected to be.
• You weren't paying attention to where you were walking.
• You were distracted by a child, or your phone, or something else.
• You were wearing footwear that was inappropriate or even unsafe for the situation.
• You were warned of the dangerous condition, or the owner took reasonable steps to protect visitors.
• The dangerous condition was open and obvious.

Open and Obvious Dangers

In many states, landowners aren't responsible for injuries caused by "open and obvious" dangers. An open and obvious danger is one that's clearly visible and that should be seen by a reasonable person exercising ordinary care for their own safety. Common examples include accumulations of snow or ice, large objects, and darkness.

In New York, the open and obvious rule isn't automatically a complete defense to slip and fall liability. Instead, the open and obvious nature of a defective condition is simply one factor among many that determines a landowner's and visitor's duties of care.

Visitors who encounter an open and obvious defect must, if possible, take steps to protect their own safety. When there's no way for a visitor to avoid and open an obvious danger, the landowner must take reasonable steps to reduce the risk of harm.

You Assumed the Risk

When you voluntarily and knowingly assume the risk of a known danger, injuries resulting from that danger ordinarily aren't the responsibility of the landowner. Classic examples include recreational activities like bungee jumping, base jumping, skydiving, and other high-risk adventures.

The Slip and Fall Statute of Limitations

A "statute of limitations" is a law that limits your time to file a lawsuit in court. For most New York slip and fall claims, you have three years from the date you were injured to sue. Different rules might apply when you're hurt on government property, when you were legally disabled at the time you fell, or when the defendant flees New York to avoid being sued.

(See N.Y. C.P.L.R Law § 214 (2024); N.Y. C.P.L.R Law § 207 (2024); N.Y. C.P.L.R Law § 208 (2024).)

If you're unsure about how much time you have to file a slip and fall lawsuit, speak to a New York personal injury lawyer right away. If you miss the filing deadline, then absent an extension that gives you more time to sue, your slip and fall claim is legally dead. You've lost the right to recover damages for your injuries.

Do You Need a Lawyer for Your Slip and Fall Claim?

To answer that question, ask yourself these questions.

• Are the case facts simple and mostly uncontested? If so, that's a point in favor of giving it a try on your own. On the other hand, when the facts are complicated or murky, or the defendant disputes your version of the story, think about hiring legal counsel. A lawyer can help you find and organize the facts into a coherent, compelling narrative that puts you in the best possible light.
• Are there difficult legal issues involved? Here, we're speaking of legal issues that might sink, or do serious damage to, your case. The statute of limitations is a prime example. So is comparative or contributory negligence, as discussed above. Because comparative negligence is almost guaranteed to be in play in a slip and fall case, your best bet will be to have legal help in your corner.

The defendant will be represented by an insurance company and its attorneys. It won't be a fair fight if just one side brings the heavy artillery. Here's how you can find a lawyer who's right for you.

New York Slip and Fall FAQ

Here are some other questions you might have about your slip and fall case.

Where Will Your Slip and Fall Lawsuit Be Filed?

Your lawyer will file your case in one of several New York state courts that are authorized to hear civil (non-criminal) lawsuits like slip and fall claims. The most likely candidates are the county court (for damages up to $25,000) or the supreme court (no limit on damages). In New York City, you're also allowed to file in the Civil Court of the City of New York, if your damages don't exceed $50,000.

In addition to choosing the proper court, your lawyer also must sue in the correct "venue," or location. Typically, that's the court nearest to where the defendant lives or has its main place of business, or where you fell and were injured.

Will Your Case Settle or Will It Go to Trial?

The overwhelming majority of personal injury cases settle without a trial. Yours probably will, too, unless the defendant feels confident a jury will find you were mostly to blame, you weren't badly hurt, or your injuries weren't caused by the fall. You should discuss negotiation and settlement strategies with your lawyer.

How Long Will It Take to Resolve Your Case?

It depends. If the facts aren't disputed, it's clear the landowner was to blame, you've gathered the evidence to support your claim, and your injuries and damages are well documented, your case might settle in several weeks to a few months. If it goes to trial, expect the process to take a year or more, and even longer if there's an appeal. A case can settle at any time during trial preparation or trial.

What Kinds of Damages Can You Collect?

If you win your case, you'll recover what the law calls "compensatory damages." These are meant to compensate you for:

• out-of-pocket losses like medical bills, lost wages, and amounts you pay for replacement household services, and
• things that don't come directly out of your pocket, like pain and suffering, emotional distress, and disability.

(Learn more about how insurance companies value injury cases.)

Find Out About New York Personal Injury Laws

Your slip and fall claim is a type of personal injury case. You can learn more about the laws we've covered here, as well as other New York personal injury laws that likely will impact your claim.