Sue After a Slip and Fall in a Store in NY?

You must show the store owner had actual or constructive notice of the hazardous condition — meaning they knew about it or it existed long enough that they should have discovered it through reasonable inspection. You also need to prove the condition caused your fall and resulting injuries. New York courts scrutinize whether the store took reasonable steps to inspect and maintain the premises.

Under CPLR §214, you have three years from the date of your injury to file a personal injury lawsuit against a private store in New York. Missing this deadline almost always bars your claim entirely. If the store is in a government-owned building or on city property, a 90-day Notice of Claim applies first.

Not automatically. New York law still requires proof the store had notice of the wet condition and a reasonable opportunity to clean it up or warn customers. A wet floor with no sign is strong evidence of negligence, but the store may argue the spill just occurred. Witness statements, surveillance footage, and incident reports are critical to establishing how long the hazard existed.

Yes. New York follows pure comparative negligence, meaning your damages are reduced by your percentage of fault but not eliminated. If you are found 30% at fault, you recover 70% of your total damages. Only if a jury finds you 100% responsible would you recover nothing.

Report the fall to store management and ask for a written incident report, then get a copy before you leave. Photograph the hazard, your injuries, and the surrounding area before anything is cleaned up. Get the names and contact information of any witnesses. See a doctor right away even if the injury feels minor, because gaps in treatment can be used against you and documented care builds a record that supports your claim. Then contact a New York slip and fall attorney to preserve evidence before the deadline to file runs out.