Ice Slip and Fall Lawsuit in New York

You must show the property owner knew or should have known about the icy condition and failed to remedy it within a reasonable time. In New York, this is called actual or constructive notice. Evidence such as prior complaints, inspection logs, or weather records showing ice had accumulated over hours or days strengthens your case.

Under CPLR §214, the statute of limitations for a personal injury claim in New York is three years from the date of the fall. However, if you were injured on a sidewalk or property owned by the City of New York or another municipal entity, you must file a Notice of Claim within 90 days of the incident before you can sue.

It depends on who owns the adjacent property. Under New York City Administrative Code §7-210, the obligation to maintain sidewalks generally falls on the abutting property owner, not the City. However, one-, two-, or three-family residential properties that are owner-occupied and used exclusively for residential purposes are exempt — in those cases the City may retain responsibility. If a City agency or municipal entity owns the property, you must file a Notice of Claim within 90 days and wait at least 30 days before commencing suit. Identifying the correct property owner is a critical first step.

No — New York follows pure comparative negligence, meaning you can recover damages even if you were partly responsible for the fall. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault for wearing inappropriate footwear, you can still recover 80% of your proven damages.