Slip and Fall — New York

Slip and Fall in New York — Your Legal Rights

New York slip and fall law includes some of the most plaintiff-favorable standards in the country — but also some of the strictest procedural requirements, particularly for falls on government property.

Statute of Limitations

New York statute of limitations for slip and fall claims: 3 years from the date of the incident (CPLR § 214). For New York City and other government entities: Notice of Claim within 90 days of the accident is required.

New York Notice of Claim — Critical for Government Property

If you slipped and fell on New York City property — a sidewalk, city building, NYCHA housing, or government facility — you must file a Notice of Claim within 90 days of the accident (General Municipal Law § 50-e). Missing this deadline permanently bars your claim against the city regardless of how serious your injuries are. This 90-day deadline catches many New Yorkers off guard — the standard 3-year statute of limitations does not apply to government claims.

New York-Specific Tip

New York's Sidewalk Law (Administrative Code § 7-210) makes property owners — not New York City — responsible for maintaining sidewalks adjacent to their properties. If you slipped on a sidewalk, the adjacent building owner is typically the liable party. However one- or two-family owner-occupied homes are exempt from this rule.

📊 New York City sidewalk slip and fall cases are among the most litigated personal injury claims in the state. New York City law requires property owners — not the city — to maintain sidewalks adjacent to their properties, creating frequent disputes over liability.

What To Do After a Slip and Fall in New York

1

Report the incident to the property manager immediately and get a written incident report

2

Photograph the hazard, lighting, signage, and conditions immediately

3

If the fall occurred on any government property — sidewalk, park, transit station — contact an attorney within days due to the 90-day Notice of Claim deadline

4

Send a written request to preserve all surveillance footage

5

Get witness contact information

6

Seek medical attention immediately

7

Do NOT sign anything from the property owner or their insurer

8

Contact a New York premises liability attorney immediately

Frequently Asked Questions — Slip and Fall in New York

How long do I have to file a slip and fall lawsuit in New York?

3 years from the date of the incident under CPLR § 214 for private property. However if the fall occurred on government property — New York City streets, sidewalks, NYCHA housing, MTA property, parks — you must file a Notice of Claim within 90 days of the incident. Missing the 90-day deadline permanently bars your claim against the government.

Who is responsible for a New York City sidewalk fall?

Under Administrative Code § 7-210, the owner of the adjacent property is responsible for maintaining the sidewalk — not New York City. One- or two-family owner-occupied homes are exempt. If you fell on a city sidewalk adjacent to a commercial building or multi-family residence, the property owner is the liable party.

What must I prove in a New York slip and fall case?

You must prove the property owner created the hazardous condition or had actual or constructive notice of it and failed to fix it or warn you. In New York, the key battleground is usually constructive notice — whether the condition existed long enough that a reasonable inspection would have found it.

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