Reviewed by Laurence P. Banville, Esq.Frequently asked questions
How long do I have to file a slip and fall lawsuit in New York?
Under CPLR §214, you have three years from the date of your injury to file a personal injury lawsuit against a private property owner in New York. If the at-fault party is a government entity—such as the City of New York—you must first file a Notice of Claim within 90 days of the accident before you can sue, and the overall lawsuit deadline is one year and 90 days.
What do I have to prove in a New York slip and fall case?
To win a slip and fall claim in New York you must show that the owner or occupier of the property created the hazardous condition, or had actual or constructive notice of it and a reasonable opportunity to remedy it before you fell. Constructive notice means the condition existed long enough that a reasonable inspection would have discovered it. You must also show the hazard caused your injuries and that you suffered quantifiable damages.
Can I sue New York City if I fell on a sidewalk?
Yes, but strict procedural rules apply. Under Administrative Code §7-210, the abutting property owner—not the City—is generally responsible for sidewalk maintenance. If the City itself is liable (for example, at a city-owned property or crosswalk), you must serve a Notice of Claim on the Comptroller’s Office within 90 days of the accident and then commence suit within one year and 90 days. Missing the 90-day deadline can permanently bar your claim.
Does New York reduce my recovery if I was partly at fault for my fall?
New York follows a pure comparative negligence rule under CPLR §1411, which means your compensation is reduced in proportion to your share of fault—but you are not barred from recovery even if you were mostly at fault. For example, if a jury finds you 30% responsible for your fall, your award is reduced by 30%. Defense attorneys frequently argue contributory factors such as distracted walking or improper footwear, so documenting the hazard promptly is critical.