Who Is Liable for a Slip and Fall in New York?

Duty follows control, not just the deed

New York courts tie liability for a dangerous condition to ownership, occupancy, control or special use of the property. The owner is the usual starting point, but the party actually running the space often carries the duty too. A supermarket that leases its building and mops its own aisles answers for a wet floor inside, even though someone else holds title.

You still have to prove notice, and a claim against a private party must be filed within three years under CPLR §214(5); our slip and fall lawsuit guide covers both.

Tenant versus out-of-possession landlord

When a business or residential tenant has taken possession, the tenant is usually the one responsible for day-to-day conditions. A landlord that has handed over the premises, an out-of-possession landlord, is generally not liable for a fall unless one of these applies:

• It kept control of the premises or the area where you fell.
• The lease or another contract obligated it to make repairs.
• The fall was caused by a significant structural or design defect that violates a specific statutory safety provision.

In apartment buildings with three or more units, Multiple Dwelling Law §78 requires the owner to keep the building in good repair, a duty the owner cannot simply pass to someone else. The lease usually decides who had the repair obligation.

Managing agents, cleaners and snow-removal contractors

Companies hired to manage, clean or plow can be defendants, but their duty runs through a contract with the owner. In Espinal v. Melville Snow Contractors (2002), the Court of Appeals held that a contractor generally owes no duty to third parties like you unless it:

• Launched a force or instrument of harm, meaning its work made the condition worse;
• Caused detrimental reliance, where you relied on its continued performance; or
• Entirely displaced the owner’s duty to keep the premises safe, typically under a comprehensive and exclusive maintenance contract.

The same framework is applied to cleaning companies and managing agents. That is why the owner usually stays in the case. For ice-specific issues, see falling on ice in New York.

New York City sidewalks and the City itself

Admin Code §7-210 makes the owner of property abutting a sidewalk liable for failing to maintain it, including snow and ice removal. The exception is a one-, two- or three-family home that is at least partly owner-occupied and used exclusively as a residence. In front of those homes, the City remains responsible. Tree wells are not part of the sidewalk under §7-210, as the Court of Appeals held in Vucetovic v. Epsom Downs, Inc. (2008).

Claims against the City carry two extra hurdles. Under Admin Code §7-201(c), the City generally is not liable for a sidewalk defect unless it had prior written notice of it. And you must serve a Notice of Claim within 90 days under General Municipal Law §50-e, then sue within one year and 90 days under GML §50-i. More detail is on our sidewalk fall page.

NYCHA, the MTA and other public entities

Falls in NYCHA developments, subway stations or buses run on the same short clock. Public Housing Law §157 requires a Notice of Claim under §50-e and suit within one year and 90 days for NYCHA. Public Authorities Law §1212 sets the same rules for New York City Transit. Naming the wrong agency can cost you the 90-day window.

Your own share, and more than one defendant

Under CPLR §1411, your own carelessness does not bar recovery. It reduces your damages by your percentage of fault. A jury can also split fault among several defendants, such as an owner and its snow contractor. CPLR Article 16 limits how much of the non-economic damages a defendant found 50% or less at fault must pay, subject to exceptions.

How we find the right defendant

When we review a fall for referral or co-counsel, we pull:

• Deed records, through ACRIS in the five boroughs or the county clerk elsewhere.
• The lease, to see who had possession and repair duties.
• Contractor agreements for snow removal, cleaning or management.
• Big Apple maps filed with the Department of Transportation, which courts accept as prior written notice to the City, and 311 complaints, which can show a condition’s history but generally do not count as written notice.

See also falls on private property and our slip, trip and fall overview.

Frequently asked questions