Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What do I need to prove to win a slip and fall lawsuit against a restaurant in New York?
You must show the restaurant owned or controlled the premises, that a dangerous condition existed, and that the restaurant had actual or constructive notice — meaning they knew about the hazard or it existed long enough that they should have discovered it. You also must show the condition caused your injury.
How long do I have to file a slip and fall lawsuit against a restaurant in New York?
Under CPLR §214, you generally have three years from the date of your fall to file a personal injury lawsuit against a private restaurant in New York. Missing this deadline almost always bars your claim entirely, so act promptly.
What if I slipped on a restaurant’s sidewalk or entrance in NYC?
If the sidewalk is city-owned, you may need to file a Notice of Claim within 90 days of the incident before suing the municipality. If the abutting property owner (the restaurant or its landlord) is responsible under NYC Administrative Code §7-210, you sue them directly without the Notice of Claim requirement.
What damages can I recover in a New York restaurant slip and fall case?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future care costs. New York follows a pure comparative negligence rule, meaning your recovery is reduced by your percentage of fault — but you can still recover even if you were partially at fault.
What legal duty does a restaurant owe its customers in New York?
In New York, a restaurant is a property owner with a duty to keep its premises reasonably safe for patrons. That means inspecting for hazards, warning customers about known dangers, and repairing unsafe conditions within a reasonable time. Fall short on any of these and the restaurant can be liable for negligence.
What evidence helps prove a slip and fall case against a restaurant?
Incident reports, surveillance footage, witness statements, and medical records all help prove a premises liability claim. They show the hazard existed, that the restaurant knew or should have known about it, and that it caused your injury. Preserve this evidence early, because footage gets overwritten and spills get cleaned up fast.
How much is my recovery reduced if I was partly at fault for the fall?
New York uses pure comparative negligence, so your award drops by your share of fault. If you are found 20% at fault for not watching where you were walking, your recovery is cut by 20%. Unlike some states, New York never bars you from recovering, even if you were mostly at fault.