Frequently asked questions
Can I sue a property owner for a slip and fall on ice in New York?
Yes. Under New York premises liability law, property owners have a duty to maintain safe conditions, including clearing ice and snow within a reasonable time after a storm ends. If an owner knew or should have known about an icy condition and failed to remedy it, they can be held liable for injuries that result. Municipalities follow a separate notice requirement under General Municipal Law §50-e.
How long do I have to file a slip-on-ice lawsuit in New York?
New York’s statute of limitations for personal injury claims is three years under CPLR §214, which applies to most private property falls. However, if the fall occurred on a city or municipal sidewalk, you must file a Notice of Claim within 90 days of the accident and then commence suit within one year and 90 days. Missing these deadlines can permanently bar your claim, so contact an attorney immediately after your injury.
Does the storm-in-progress rule affect my ice slip lawsuit in New York?
Yes. New York courts recognize the storm-in-progress doctrine, which generally shields property owners from liability for icy conditions that accumulate while a storm is actively occurring. Liability typically attaches once the storm ends and the owner has had a reasonable time to address the hazard. Documenting when the storm ended and how long the dangerous condition existed before your fall is critical to overcoming this defense.
What compensation can I recover from an ice slip and fall lawsuit in New York?
Recoverable damages in a New York ice slip lawsuit can include medical expenses, lost wages, loss of future earning capacity, pain and suffering, and permanent disability or disfigurement. New York follows pure comparative negligence, meaning your recovery is reduced by your own percentage of fault but is not eliminated even if you were partially responsible. No specific outcome is guaranteed — consult an attorney to evaluate the facts of your case.