Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors determine a slip and fall settlement amount in NYC?
Key factors include the severity of your injuries, how clearly the property owner knew or should have known about the hazard (actual or constructive notice under NY law), your comparative fault, lost wages, and ongoing medical costs. Cases involving permanent disabilities or traumatic brain injuries tend to settle for significantly higher amounts.
How long do I have to file a slip and fall lawsuit in New York?
Under CPLR §214, you generally have three years from the date of the accident to file a personal injury lawsuit in New York. However, if you fell on property owned or maintained by the City of New York, you must first file a Notice of Claim within 90 days of the incident before you can sue.
Does it matter whether I fell on a NYC sidewalk versus private property?
Yes, significantly. If the sidewalk adjoins a private property, NYC’s Administrative Code typically places maintenance responsibility on the abutting property owner, not the city. Falls on city-owned sidewalks require a Notice of Claim within 90 days and carry stricter procedural hurdles, which can affect both the timeline and the settlement value.
Does comparative negligence reduce my NYC slip and fall settlement?
Yes. New York follows a pure comparative negligence rule, meaning your compensation is reduced by your percentage of fault. For example, if a jury finds you 20% at fault for not watching where you were walking, your settlement or verdict is reduced by 20%. Unlike some states, you can still recover even if you were mostly at fault.