Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What is the deadline to sue for a slip and fall on ice in New York?
New York's statute of limitations for personal injury is three years under CPLR §214. The clock typically starts on the date of your fall. Missing this deadline generally bars your claim, so consult an attorney promptly after the incident.
What does a property owner have to do about ice in New York?
Under New York premises liability law, property owners and managers must clear snow and ice within a reasonable time after a storm ends. The 2010 Noreaster Rule and longstanding case law hold that owners are not liable while a storm is ongoing, but once conditions cease they must act. Failure to do so can constitute negligence.
Can I sue New York City if I fell on an icy sidewalk?
Yes, but special rules apply. Under the NYC Administrative Code § 7-210, abutting property owners (not the city) are responsible for sidewalk maintenance. Claims against a city agency require a Notice of Claim filed within 90 days of the incident—well before the standard three-year deadline—so time is critical.
What evidence should I gather after a fall on ice in New York?
Document the scene immediately: photograph the ice, your injuries, and your footwear. Get names and contact information for any witnesses. Report the incident to the property owner or manager and request a copy of any incident report. Preserve your clothing and shoes, and seek medical treatment right away to connect your injuries to the fall.