Slip and Fall Lawsuit at a Restaurant in NY

You must show the restaurant owned or controlled the premises, that a dangerous condition existed, and that the restaurant had actual or constructive notice — meaning they knew about the hazard or it existed long enough that they should have discovered it. You also must show the condition caused your injury.

Under CPLR §214, you generally have three years from the date of your fall to file a personal injury lawsuit against a private restaurant in New York. Missing this deadline almost always bars your claim entirely, so act promptly.

If the sidewalk is city-owned, you may need to file a Notice of Claim within 90 days of the incident before suing the municipality. If the abutting property owner (the restaurant or its landlord) is responsible under NYC Administrative Code §7-210, you sue them directly without the Notice of Claim requirement.

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and future care costs. New York follows a pure comparative negligence rule, meaning your recovery is reduced by your percentage of fault — but you can still recover even if you were partially at fault.