Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue a store if I slip and fall on their property?
Yes. Under New York premises liability law, store owners owe customers a duty of reasonable care. To win your case, you must show the store had actual or constructive notice of the hazardous condition — meaning they knew about it, or it existed long enough that they should have discovered and corrected it. Surveillance footage and incident reports are critical evidence.
How long do I have to file a slip and fall lawsuit against a store in New York?
New York's statute of limitations for personal injury claims, including slip and fall cases, is three years from the date of the accident under CPLR §214. Missing this deadline generally bars your claim entirely. If the fall occurred at a store on city-owned property — such as certain transit hubs or publicly managed buildings — different rules may apply and the deadline can be much shorter.
What if I was partly at fault for my slip and fall in a store?
New York follows pure comparative negligence, meaning you can still recover damages even if you were partially at fault. Your compensation is reduced by your percentage of fault. For example, if you are found 30% responsible and your damages total 00,000, you would recover 0,000. Store owners and their insurers often argue the injured person was not watching where they were going — an experienced attorney can counter this.
What should I do immediately after slipping and falling in a store?
Report the incident to the store manager and make sure an accident report is created — get a copy before you leave. Photograph the hazard, your injuries, and the surrounding area. Collect contact information from any witnesses. Seek medical attention right away, even if you feel the injury is minor, as gaps in treatment can be used against you later. Contact a New York slip and fall attorney as soon as possible to preserve evidence and protect your rights.