Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What do I need to prove to win a slip and fall lawsuit against a store in New York?
You must show that the store owner or occupier created a dangerous condition, or knew (or should have known) about it and failed to fix it in a reasonable time. New York courts apply a notice standard: actual notice means the store was directly aware of the hazard, while constructive notice means the hazard existed long enough that a reasonable inspection would have found it. Evidence like incident reports, security footage, and witness statements is critical to establishing these elements.
How long do I have to file a slip and fall lawsuit against a store in New York?
Under CPLR 214, you have three years from the date of your injury to file a personal injury lawsuit in New York. Missing this deadline almost always bars your claim permanently. If your fall occurred in a store operated by a government entity such as an MTA station or city-run facility, a Notice of Claim must typically be filed within 90 days, so act immediately.
Does comparative fault affect my slip and fall case in NY?
New York follows a pure comparative fault rule under CPLR 1411, meaning your compensation is reduced by the percentage you are found responsible for the accident. For example, if you are 20 percent at fault, your damages are reduced by 20 percent. Unlike some states, New York does not bar recovery even if you are more than 50 percent at fault.
What should I do immediately after slipping and falling in a New York store?
Report the incident to store management and request a written incident report. Photograph the hazard, your injuries, and the surrounding area before anything is cleaned up. Collect witness names and contact information. Seek medical attention even if injuries seem minor, since documented treatment creates a record that supports your claim. Contact a New York personal injury attorney promptly to preserve evidence before the statute of limitations runs.