NY Premises Liability

New York Slip and Fall Lawyer

Slip and fall cases in New York can produce serious compensation — fractured hips, torn ligaments, concussions, and spinal injuries are common from falls. But they're also among the most hotly contested cases, with property owners and their insurers routinely denying liability. Winning requires proving the owner knew (or should have known) about the dangerous condition.

NY Premises Liability — What You Must Prove

To win a NY slip and fall case, you must prove four elements:

1. A dangerous condition existed on the property.
2. The property owner or occupier created the condition, or had actual or constructive notice of it and failed to remedy it in a reasonable time.
3. The dangerous condition caused your fall and injury.
4. You suffered actual damages — medical bills, lost wages, pain and suffering.

Notice is the fight. If the condition was created recently (like a spilled drink seconds before you walked in), the owner may argue they had no reasonable chance to discover or fix it. Our investigation focuses on how long the condition existed, prior similar incidents, and whether the owner's inspection procedures were reasonable.

NY's Storm-In-Progress Rule (Snow & Ice)

New York has a specific rule for snow and ice cases: property owners generally have no obligation to clear snow or ice while a storm is still in progress, and for a reasonable time after it ends (typically a few hours). This "storm-in-progress" defense is one of the most common defeats of NY slip and fall cases.

To win a snow or ice case in NY, we typically need to prove: (a) the storm had ended with enough time passed for the owner to clear it, OR (b) the ice/snow condition existed from a prior storm or recurring issue, OR (c) the owner's own attempt to clear created or worsened a dangerous condition.

Common NY Slip and Fall Cases

• Supermarket wet floors — Spills, produce department leaks, mopping without warning signs
• Restaurant & bar falls — Spilled drinks, greasy floors, uneven surfaces
• Snow and ice falls — Sidewalks, parking lots, building entrances
• Apartment building falls — Defective stairs, poor lighting, broken handrails
• Mall and retail store falls — Roosevelt Field, Americana Manhasset, Walt Whitman, Smith Haven
• Sidewalk defects — Trip and falls on raised, broken, or uneven sidewalks (NYC §7-210 shifts liability from NYC to adjacent property owners)
• Parking lot falls — Potholes, inadequate lighting, unmarked speed bumps
• Construction site falls — Potential Scaffold Law overlap (see our construction accident page)

What to Do After a NY Slip and Fall

1. Get medical care immediately — even if you think you're OK. Hip, back, and head injuries can be delayed.
2. Report the fall to the property owner or manager. Get an incident report if possible.
3. Photograph the hazard immediately. The condition will be cleaned up and gone within minutes.
4. Get witness names and contact info. Independent witnesses are critical.
5. Keep the shoes and clothes you were wearing. They can become evidence.
6. Call a lawyer before giving any recorded statement. Property owners' insurers will try to pin blame on you.

Related Resources

• Personal Injury Lawyer New York
• Personal Injury Lawyer Long Island
• Personal Injury Lawyer Nassau County
• Car Accident Lawyer New York
• Construction Accident Lawyer (Scaffold Law)