Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What legal duty does a restaurant owe customers in New York?
In New York, restaurants are considered property owners with a duty to maintain their premises in a reasonably safe condition for patrons. Under NY premises liability law, a restaurant must inspect for hazards, warn customers of known dangers, and fix unsafe conditions within a reasonable time. Failure to do so can constitute negligence.
What do I need to prove to win a slip-and-fall case against a NYC restaurant?
To succeed in a premises liability claim against a restaurant in New York, you must show that: (1) a dangerous condition existed on the property, (2) the restaurant knew or should have known about it, and (3) that condition directly caused your injuries. Evidence such as incident reports, surveillance footage, witness statements, and medical records all strengthen your case.
Can my compensation be reduced if I was partly at fault for the fall?
Yes. New York follows a pure comparative negligence rule, meaning your damages can be reduced in proportion to your share of fault. For example, if you are found 20% at fault for not watching where you were walking, your award is reduced by 20%. However, unlike some states, New York does not bar recovery even if you are mostly at fault.
How long do I have to sue a restaurant for a fall injury in New York?
Under CPLR §214, you generally have three years from the date of the fall to file a personal injury lawsuit in New York. Missing this deadline almost always means losing your right to recover compensation. If you were injured, you should consult a New York attorney as soon as possible to preserve evidence and protect your claim.