Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What factors most affect a slip and fall settlement amount in New York?
The biggest drivers are the severity and permanence of your injuries, how clearly the property owner knew (or should have known) about the hazard, and whether you share any fault. New York follows pure comparative negligence, so even if you are partially at fault your recovery is reduced by your percentage of fault rather than eliminated entirely.
Does actual or constructive notice change what a case is worth in NY?
Yes. Under New York law, a property owner is only liable if they had actual notice of the dangerous condition or it existed long enough that they should have discovered and repaired it (constructive notice). Cases where surveillance footage or prior complaints prove notice tend to settle at higher amounts because liability is harder to dispute.
What is the deadline to file a slip and fall lawsuit in New York?
For most private-property slip and fall cases, CPLR §214 gives you three years from the date of the accident to file suit. If you were injured on a sidewalk or other NYC municipal property, you must first serve a Notice of Claim within 90 days of the accident before you can sue the city.
How long does a slip and fall settlement take in New York?
Most New York slip and fall cases that settle do so within one to three years of filing, depending on court congestion, the complexity of the medical evidence, and how aggressively the defendant contests liability. Cases against New York City typically take longer because of mandatory pre-litigation steps including a 50-h hearing.