Reviewed by Laurence P. Banville, Esq.The bottom line: A New York slip-and-fall claim requires showing a dangerous condition existed and the property owner created it or knew (or should have known) about it and failed to fix or warn. You generally have three years to file (CPLR §214).
Proving a slip-and-fall case
You must show the hazard (ice, a wet floor, broken stairs, poor lighting) existed and the owner had actual or constructive notice of it. Your own share of fault can reduce — but not necessarily eliminate — recovery (CPLR §1411).
Common locations
Sidewalks, stores, apartment buildings, parking lots, and stairwells. Claims against the City or a public entity require an early Notice of Claim (GML §50-e).
Deadlines
Generally three years (CPLR §214) — far less against a government entity.
Frequently asked questions
Who is liable for a slip and fall in New York?
The property owner or occupier, if they created the hazard or knew (or should have known) about it and failed to fix or warn. Notice is the key issue.
What if I was partly at fault?
New York uses comparative negligence (CPLR §1411): your recovery is reduced by your share of fault, but you can still recover.