Slip and fall accidents in New York can leave victims with painful injuries, mounting medical bills, and uncertainty about their legal rights. Property owners and their insurers often make the claims process confusing, but understanding the basics of premises liability law in New York State (NYS) can help you take the right steps after an accident.
At Cellino Law, our New York slip and fall attorneys have answered thousands of questions from clients dealing with unsafe sidewalks, broken stairs, wet floors, and other hazards. Below are some of the most common questions we hear, along with the answers every victim should know.
Who Can Be Held Liable for a Slip and Fall Accident in NYS?
Liability depends on who owns or controls the property where the accident occurred. This can include:
- Private property owners (landlords, store owners, restaurants, hotels)
- Businesses responsible for maintenance (property management companies, janitorial contractors)
- Municipalities or government agencies (sidewalks, subway stations, public buildings)
The key factor is whether the responsible party knew or should have known about the hazardous condition and failed to fix it.
How Do You Prove Liability in a Slip and Fall Case?
To win a slip and fall claim, you must show that:
- A dangerous condition existed (ice, spilled liquid, broken steps, poor lighting).
- The property owner knew or should have reasonably known about the condition.
- The owner failed to correct it or provide adequate warning.
- This negligence directly caused your injuries.
Evidence such as photos, witness testimony, surveillance footage, and maintenance logs can make or break your case. That’s why contacting a lawyer right away is crucial.
What If I Was Partly at Fault for the Accident?
New York follows a comparative negligence rule. This means you can still recover compensation even if you were partially at fault, but your damages will be reduced by your percentage of responsibility.
Example: If you were 20% at fault because you weren’t watching where you were walking, and your damages are $100,000, you could still recover $80,000.
Insurance companies often exaggerate victim fault to reduce payouts. At Cellino Law, we fight back to make sure blame is fairly assigned.
How Do Insurance Policies Affect Slip and Fall Settlements?
Most slip and fall claims are paid through liability insurance carried by the property owner. This could be:
- Homeowner’s insurance (for residential property accidents).
- Commercial liability insurance (for stores, restaurants, and other businesses).
- Municipal insurance or self-insurance funds (for city-owned properties).
Insurance companies frequently try to limit payouts by arguing the injuries are minor, pre-existing, or not related to the accident. A strong legal advocate is necessary to challenge these tactics and push for the maximum settlement.
What Damages Can I Recover After a Slip and Fall in NYS?
Compensation may include:
- Emergency and ongoing medical expenses
- Lost wages and reduced earning potential
- Pain and suffering
- Emotional distress
- Out-of-pocket costs (transportation, home modifications, assistive devices)
In severe cases, such as traumatic brain injuries, spinal cord injuries, or fractures requiring surgery, damages can be substantial.
How Long Do I Have to File a Slip and Fall Claim in New York?
- Private Property: Generally, three years from the date of the accident.
- Municipal Property (City of New York, MTA, etc.): A Notice of Claim must be filed within 90 days, and the lawsuit within one year and 90 days.
Missing these deadlines usually means losing your right to compensation.
What Should I Do Immediately After a Slip and Fall?
- Report the accident to the property owner or manager.
- Document the scene with photos and videos.
- Get contact information from witnesses.
- Seek immediate medical treatment and keep records.
- Contact a slip and fall lawyer before speaking with insurance adjusters.
Taking these steps protects your health and strengthens your case.
Do I Really Need a Lawyer for a Slip and Fall Case?
While it’s possible to file a claim on your own, most victims face pushback from insurance companies that specialize in denying or minimizing injury claims. At Cellino Law, we:
- Investigate and collect evidence quickly.
- Retain medical and safety experts to support your case.
- Handle all negotiations with insurers.
- Take your case to trial if necessary.
Our track record includes billions in settlements for injury victims across New York.
Local Resources for Slip and Fall Victims in New York
- New York City Comptroller – File a Claim Against NYC – required for accidents on city property.
- New York State Unified Court System – information on filing personal injury lawsuits.
- NYC Department of Buildings – useful for checking property safety violations.
Contact Cellino Law Today
Slip and fall accidents are more than “just accidents”, they are often the result of negligence. Don’t let insurers or property owners minimize your injuries.
Call Cellino Law today for a free consultation. Our New York slip and fall lawyers are ready to fight for your rights and secure the compensation you deserve.