Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What do I need to prove in a New York ice slip and fall lawsuit?
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.
How long do I have to file an ice slip and fall lawsuit in New York?
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.
Can I sue New York City if I slipped on an icy sidewalk?
Yes, but there are additional procedural requirements. Under New York’s Administrative Code §7-210, property owners — not the City — are generally responsible for maintaining adjacent sidewalks, with limited exceptions for one- to three-family homes occupied by the owner. If the City or a city agency owns the property, you must file a Notice of Claim within 90 days and wait at least 30 days before commencing suit.
Does it matter if I was partly at fault for slipping on ice in New York?
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.