Slip and fall accidents can happen anywhere in New York, from icy sidewalks in Manhattan to uneven flooring inside a Brooklyn grocery store. While the injuries may feel the same, the legal process for recovering compensation depends heavily on where the fall occurred. Suing a city or municipal agency is not the same as filing a claim against a private property owner, and missing critical deadlines or notice requirements can bar you from recovery altogether.
At Cellino Law, our New York slip and fall attorneys have decades of experience handling claims against both municipalities and private businesses. We know how to navigate the different rules, prove liability, and maximize compensation for injured victims.
Slip and Fall Claims Against Municipalities in New York
When a fall occurs on public property, such as a city sidewalk, subway station, public park, or government building, the claim typically involves a municipal entity like the City of New York, the Metropolitan Transportation Authority (MTA), or the New York City Housing Authority (NYCHA).
Key points to know:
- Notice of Claim Requirement: Under New York law, you must file a formal Notice of Claim within 90 days of the accident before suing a city or municipal agency.
- Shorter Statute of Limitations: The lawsuit itself must usually be filed within one year and 90 days of the accident, much shorter than the three-year statute for private property slip and fall cases.
- Prior Written Notice Rule: In many situations, the city can only be held liable if it had prior written notice of the dangerous condition (such as a broken sidewalk or pothole) and failed to repair it within a reasonable time.
Because municipalities often raise immunity defenses, proving liability requires meticulous investigation, quick action, and experienced legal representation.
Slip and Fall Claims on Private Property in New York
Falls that occur on privately owned property, like apartment buildings, retail stores, restaurants, or office complexes, follow a different legal framework.
Key differences include:
- No Notice of Claim: You don’t need to file a Notice of Claim before suing a private property owner.
- Three-Year Statute of Limitations: You generally have three years from the date of the accident to file a lawsuit.
- Duty of Care: Property owners must keep their premises reasonably safe. Liability arises when they knew or should have known about a hazardous condition (like a spill, loose railing, or icy walkway) and failed to address it.
- Insurance Coverage: Most private claims involve negotiating with the property owner’s liability insurance company, which may attempt to minimize payouts.
Proving Liability: City vs. Private Property
While both types of claims require showing that negligence caused the dangerous condition, the evidence often looks different:
- Municipal Claims: Accident reports, prior complaints, and city repair logs are critical. Attorneys may also need to prove the city had constructive notice of the condition (that it existed long enough the city should have discovered it).
- Private Claims: Surveillance footage, witness statements, maintenance records, and incident reports can demonstrate that the owner failed to correct hazards.
At Cellino Law, we know how to uncover and secure this evidence before it disappears.
Damages Available in New York Slip and Fall Cases
Whether the defendant is the city or a private property owner, injured victims may be entitled to compensation for:
- Emergency medical care and ongoing treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Out-of-pocket expenses related to the injury
In catastrophic cases involving traumatic brain injuries, spinal cord damage, or long-term disability, damages can be substantial, but only if the claim is filed properly and on time.
Local Resources for Slip and Fall Victims in New York
Victims of slip and fall accidents in New York may find these resources useful:
- New York City Comptroller – Filing a Notice of Claim – required before suing NYC.
- Metropolitan Transportation Authority (MTA) Claims – for accidents in subways, buses, or transit stations.
- New York State Unified Court System – where lawsuits are filed and managed.
- NYC Department of Buildings – information on property violations and safety inspections.
Why You Need an Experienced New York Slip and Fall Lawyer
City and private property slip and fall claims may look similar, but the legal hurdles are very different. Filing deadlines, immunity rules, and notice requirements can derail a case if not handled correctly. At Cellino Law, we know the tactics municipalities and insurers use to deny claims, and we know how to fight back.
Our personal injury attorneys have secured billions for injured New Yorkers, and we’re prepared to handle your case with the urgency and skill it deserves.
Contact Cellino Law Today
If you were injured in a slip and fall on city property or private property in New York, don’t risk losing your right to compensation because of missed deadlines or procedural mistakes.
Call Cellino Law today for a free consultation. With offices across New York and Connecticut, our slip and fall attorneys are ready to protect your rights and demand justice on your behalf.