New York City Slip & Fall Attorney – Property Owner Accountability

A slip and fall doesn’t sound like a serious accident. But when you’re the one who went down on a wet supermarket floor, tripped on a broken sidewalk, or slipped on ice outside your apartment building, you know exactly how serious it can be. A broken hip. A herniated disc. A torn knee ligament. These are the kinds of injuries that require surgery, months of physical therapy, and extended time away from work – injuries that change your daily life in ways you never anticipated.

A lot of people feel embarrassed after a fall. They wonder if they should have been more careful, whether it was somehow their own fault. That instinct benefits property owners and their insurance companies, not you. The truth is this: property owners have a legal duty to maintain safe premises. When they fail to fix a dangerous condition and someone gets hurt, that is not your fault. It is theirs.

At Linden Law, Jason Linden holds negligent property owners accountable throughout all five boroughs of New York City. Free consultation. No fee unless we win.

Call (212) 804-8440

The Notice Requirement – The Critical Legal Concept in Every Slip & Fall Case

The most contested element in virtually every New York slip and fall case is whether the property owner knew or should have known about the dangerous condition. New York law distinguishes between two types of notice:

Actual notice – The owner knew about the condition directly. An employee mopped a floor and left it wet during business hours without posting a warning. A tenant complained to the landlord three times about a broken step and it was never repaired. A store manager was told about a spill and never addressed it.

Constructive notice – The owner did not have direct personal knowledge, but the condition existed long enough and was obvious enough that a property owner exercising reasonable care would have discovered and corrected it. A puddle of water that has been sitting in an aisle for 45 minutes is different from one that formed 30 seconds before you fell. Courts look at how long the condition existed and how visible it was.

We build the notice element through surveillance footage, maintenance and cleaning logs, employee testimony, incident reports, and prior complaint records. The property owner’s defense is almost always “we didn’t know” – and almost always, the evidence tells a different story.

Comparative Negligence – Your Partial Fault Does Not Bar Your Recovery

Insurance companies defending slip and fall claims routinely try to blame the victim. You were wearing the wrong shoes. You were distracted. You should have seen it. This is a standard tactic designed to reduce or eliminate the payout.

New York follows pure comparative negligence under CPLR Article 14-A (CPLR §1411). Even if you were partially at fault for the fall, you can still recover compensation – reduced by your percentage of fault. If a jury finds you were 40% at fault and awards $300,000, you recover $180,000. You are not barred from recovery simply because you share some blame.

The insurance company knows this. Their strategy is to assign you the highest possible percentage of fault, not because the law bars your claim, but because it reduces their exposure. Having an attorney who can counter this argument with evidence is essential to your recovery.

Government Property and the 90-Day Notice of Claim – A Hard Deadline

If the fall happened on New York City-owned property, you have exactly 90 days from the date of the accident to file a Notice of Claim with the NYC Comptroller. Miss this deadline and you may permanently lose your right to sue the City.

This applies to more locations than most people realize:

• NYC sidewalks – broken concrete, sunken tree pits, raised joints from tree roots
• NYC parks – maintained by the NYC Department of Parks & Recreation
• Subway stations – MTA-maintained platforms, staircases, and entry areas
• Government buildings – public libraries, courthouses, City agency offices
• NYCHA public housing – common areas, hallways, and exterior grounds

The Notice of Claim is not the lawsuit itself – it is the formal notice that you were injured and intend to pursue a claim. It is a prerequisite. Without it, the lawsuit cannot proceed. If you fell on what might be city-owned property, call Linden Law immediately. The 90-day clock runs from the date of the accident, not from when you hire an attorney or decide to pursue a claim.

For detailed information: Notice of Claim NYC

Types of Slip & Fall Cases We Handle

Linden Law represents clients in all types of premises liability accidents throughout New York City:

• Wet floor accidents – unmarked spills in stores, restaurants, and buildings → /wet-floor-accident-nyc
• Broken sidewalk accidents – cracked concrete, tree root damage, sunken slabs → /broken-sidewalk-nyc
• Snow and ice falls – failure to clear walkways, black ice at building entrances → /snow-ice-slip-fall-nyc
• Supermarket slip and falls – produce area spills, unmarked wet floors, refrigeration leaks → /supermarket-slip-fall-nyc
• Stairway falls – broken treads, missing handrails, inadequate lighting → /stairway-fall-nyc
• Notice of Claim / government property falls – the 90-day filing requirement explained → /notice-of-claim-nyc

What to Do Right After a Fall

The actions you take immediately after a fall can be the difference between a strong case and one that is nearly impossible to prove.

1. Photograph the dangerous condition before it is cleaned up or repaired. This evidence disappears within hours. The store or building will address the condition once they know there is a claim – sometimes within the hour.
2. Get witness names and contact information from anyone who saw the fall or the condition.
3. Report the incident to the store manager, building superintendent, or 311 for city property. Get the name of the person you reported to.
4. Get medical attention the same day. Injuries to your spine, knees, and head are not always immediately apparent. A same-day medical record also establishes the connection between the fall and your injuries.
5. Do not give a recorded statement to any insurance company. Not the property owner’s insurer, not anyone’s.
6. Call Linden Law as soon as possible. Surveillance footage is typically overwritten within 24-72 hours. The sooner we’re involved, the better positioned we are to preserve the evidence.

Real Case Results

These are actual cases handled by Linden Law. Prior results do not guarantee a similar outcome.

View All Case Results →

Statute of Limitations

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit in a slip and fall case. However:

• If the fall was on NYC property, the 90-day Notice of Claim deadline applies – and it runs independently of the three-year statute. Both matter.
• If you are a minor, different rules may apply.

Three years sounds like a lot of time. It isn’t. Evidence disappears, witnesses become unavailable, and property owners repair dangerous conditions. The earlier you start, the stronger your case.

Frequently Asked Questions

What do I have to prove to win a slip and fall case in New York?
You must establish four things: (1) the property owner owed you a duty of care (they do, for lawful visitors), (2) there was a dangerous condition on the property, (3) the owner knew or should have known about the condition (actual or constructive notice), and (4) that condition caused your injury. The notice element – proving the owner knew or should have known – is typically the most contested part of the case.

What is “constructive notice” in a slip and fall case?
Constructive notice is legal knowledge – the condition existed long enough and was obvious enough that a reasonable property owner exercising ordinary care would have discovered and corrected it. A spill that has been on the floor for an hour is constructive notice. A spill that formed 30 seconds before you fell probably is not. We prove constructive notice with surveillance footage, cleaning logs, and employee testimony.

Do I have to file a notice of claim if I fell on a NYC sidewalk?
Possibly yes. In many cases, the adjacent property owner – not the City – is responsible for sidewalk maintenance under NYC Administrative Code § 7-210. But if city responsibility is involved (tree pits, city-owned property, one- or two-family homes), you need to file a Notice of Claim within 90 days. When in doubt, call us immediately – the 90-day clock runs regardless of uncertainty.

What if I didn’t see a wet floor sign – does that help my case?
Yes, significantly. The absence of a warning sign is evidence that the property owner failed to warn of a known hazard. It does not automatically win the case – you still need to establish notice – but it removes a key defense they often rely on. Photograph the area immediately, including the absence of any warning sign.

What if I was partially at fault for my fall?
Your partial fault reduces your recovery under New York’s pure comparative negligence rule – it does not eliminate it. If you recover $300,000 and a jury finds you 25% at fault, you receive $225,000. Insurance companies try to assign excessive fault to injury victims as a negotiating tactic. We push back with evidence.

How much is a slip and fall case worth in New York?
It depends on the severity of your injuries, the impact on your ability to work, your medical expenses, and the degree of the property owner’s negligence. Cases involving surgery, permanent disability, or extended rehabilitation have significantly higher value than minor injuries. There is no formula – every case is different. Call us for an honest evaluation.

What if I fell in a store and they say I signed a waiver?
General liability waivers for routine shopping activities are almost never enforceable in New York. A store cannot waive its own negligence through a sign on the door or a form you signed. This is a red herring that insurers sometimes raise. Do not let it discourage you from pursuing your case.

How long do I have to sue after a slip and fall?
Three years from the date of the accident for falls on private property. For falls on NYC or government property, the 90-day Notice of Claim deadline is a hard cutoff that applies first. Call as soon as possible – the evidence and deadline situations are both time-sensitive.

What if the property owner denies there was a hazard?
This is the most common defense. We answer it with evidence: surveillance footage (which typically shows what was on the floor and for how long), cleaning and inspection logs, employee testimony, and prior complaint records. The property owner’s denial is just a starting position – evidence is what decides these cases.

Can I sue my landlord if I fell in my own building?
Yes, if the dangerous condition was in a common area under the landlord’s control – a hallway, staircase, lobby, or building entrance. Landlords have a legal duty to maintain common areas in a reasonably safe condition. Prior complaints about the same condition that went unaddressed are particularly powerful evidence.

Call Linden Law – Free Consultation

Property owners and their insurance companies have attorneys working for them from day one. You should too.

Call: (212) 804-8440

No fee unless we win. You pay nothing unless we recover money for you. Jason Linden personally handles every case. Your consultation is completely free and confidential.

Linden Law LLC | 250 West 57th St., Suite 432, New York, NY 10017 | linden.law