Everything You Need to Know About Filing a Slip and Fall Claim in NYC – And Why You’ll Need a Slip and Fall Lawyer

How Prevalent Are Slip and Fall Accidents in New York and NYC?

Most of New York, and NYC in particular, are high-traffic areas. This means that slip and fall accidents are a significant concern.

New York City

In New York City alone, every year, approximately 30,500 emergency department visits, 16,600 hospitalizations, and 300 deaths among NYC's older adults (65+) are due to falls. (NYC Department of Health)

In 2021, there were 19 workplace fatalities in NYC attributed to falls, slips, and trips. (U.S. Bureau of Labor Statistics)

New York State

According to NY State Statistics for Injury and Violence from the Department of Health, injuries (including slip and fall accidents) are the leading cause of death for New Yorkers aged 1 to 34 and are among the top causes of death for other age groups. Annually, nearly 8,000 New Yorkers die from injuries, over 155,000 are hospitalized, and another 1.5 million are treated and released from emergency departments.

In 2023, according to the National Bureau of Labor Statistics, workplace fatalities in NY (Excluding NYC) from falls, slips, and trips accounted for 20% of workplace fatalities in New York State (excluding NYC), higher than the national average of 17%.

Your Best Plan of Action in the Aftermath of a Slip and Fall Accident in NY

According to the requirements of the law of the State of New York, a victim of a slip and fall accident should take the following legal steps to be able to build a strong case for themselves. This is also crucial in maximizing compensation for their injury.

Seek Medical Attention Immediately

Getting medical treatment right away after a slip and fall injury is non-negotiable – even if injuries seem minor. Medical records will serve as essential evidence of the injury's severity. Make sure you follow all prescribed treatments to demonstrate the impact of the accident.

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Gather All Possible Evidence of the Accident

After a slip and fall accident, make sure to take clear photos of the accident scene, including hazardous conditions (wet floors, uneven pavement, lack of warning signs, etc.). If you are severely injured, but are still able to communicate, ask someone around you to do this.

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You can also attempt obtaining witness statements and their contact information. Your personal injury attorney’s legal authority may be indispensable for collecting this information smoothly.

Finally, make sure you preserve physical evidence (e.g., clothing, shoes) that may show signs of the accident.

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Consult a Personal Injury Attorney Specializing in Slip and Falls

A slip and fall lawyer can help negotiate settlements, prove liability, and make sure you obtain the maximum compensation. If your case goes to court, legal representation will be crucial for proving negligence.

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Report the Accident to the Relevant Body or Persons

If your fall was in a private property (e.g., store, restaurant, apartment complex), notify the property owner, manager, or landlord and request a written incident report.

Falls in a public property (e.g., sidewalk, park, subway station), requires you to file a report with the appropriate government agency (e.g., NYC Department of Transportation).

Workplace slip and fall incidents need to be reported to the employer immediately. Workers’ compensation claims must be filed within 30 days of the accident, according to New York State Law.

Receiving the support of a slip and fall attorney in this step will help speed up the process significantly, and make sure you do not exceed the Statute of Limitations.

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Keep Records of Expenses & Losses Resulting from Your Injuries Caused by the Accident

Make sure to save medical bills, prescriptions, receipts, and any related costs. Document lost wages and how the injury affects your daily activities.

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Determine Liability with Attorney Support

The State of New York follows comparative negligence laws, meaning compensation may be reduced if the victim is found partially at fault. With the help of your slip and fall lawyer, establish that the property owner or responsible party was negligent and failed to maintain safe conditions.

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File a Legal Claim (If Necessary)

If your accident claim is against private property owners, file a personal injury lawsuit within three years from the date of the accident.

A Notice of Claim against Government Entities must be filed within 90 days, and a lawsuit must be initiated within one year and 90 days.

Workplace Accidents claims against employers require you to file a workers’ compensation claim rather than a lawsuit, unless a third party (e.g., a subcontractor) was responsible.

Slip and Fall Injuries that Qualify for Compensation in New York

In the State of New York, a slip and fall injury is generally defined as any injury sustained due to slipping, tripping, or falling as a result of hazardous conditions on someone else's property.

For a slip and fall injury to qualify for compensation, the victim must prove that the property owner was negligent and that their negligence directly caused the injury.

Common Slip and Fall Injuries That Qualify for Compensation

Head Injuries & Traumatic Brain Injuries (TBI)

Concussions, skull fractures, or brain trauma from hitting the ground or an object.

Symptoms can range from mild dizziness to permanent cognitive impairment.

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Broken Bones & Fractures

Common in wrists, arms, ankles, hips, and ribs.

Fractures can lead to long-term mobility issues.

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Spinal Cord & Back Injuries

Herniated discs, nerve damage, or paralysis.

Severe cases may require surgery and long-term rehabilitation.

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Soft Tissue Injuries

Sprains, strains, torn ligaments, or muscle injuries.

May not be immediately visible but can cause chronic pain.

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Knee & Joint Injuries

Torn ligaments (ACL, MCL), dislocated kneecaps, or joint damage.

Can limit mobility and require surgery.

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Hip & Pelvic Injuries

More common in elderly victims.

Can lead to long-term disability and costly medical treatment.

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Facial Injuries

Broken nose, jaw, dental injuries, or eye trauma.

Can result from falling face-first onto a hard surface.

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Cuts, Bruises, & Lacerations

Severe wounds may require stitches or leave permanent scars.

Common from falling on sharp or rough surfaces.

These Key Factors Make Your Slip and Fall Accident Claim Eligible for Compensation

Proving Duty of Care – You must prove that the property owner had a legal responsibility to maintain safe conditions in the relevant property.

Show Breach of Duty – You must clearly show that the property owner failed to address a known hazard (e.g., uncleaned spills, uneven pavement).

Demonstrate Causation – Prove that the hazardous condition directly caused led to your fall causing the injury.

Show Proof of Damages – It must be proved that the victim suffered medical expenses, lost wages, or pain and suffering as a direct result of the injury.

Your Lawyer Can Firmly Prove Your Slip and Fall Case, and Get You Maximum Compensation

A personal injury lawyer becomes essential for negotiating and maximizing legal compensation for a slip and fall accident by navigating complex legal procedures, specially by gathering strong evidence, and negotiating with insurance companies or opposing parties.

Help Establish Liability & Prove Negligence

Your attorney can investigate whether the property owner, business, or municipality failed in their duty of care to maintain safe premises.

They can use their legal clearance to gather surveillance footage, maintenance records of your accident, collect witness statements, and get relevant expert testimony to prove negligence.

A lawyer can also help demonstrate that the hazard existed for a significant time and that the owner failed to fix or warn about it. This step is essential.

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Guarantee Orderly Case Documentation & Evidence Collection

A licensed slip and fall lawyer can help their client document the accident properly, by keeping records of the following –

Medical records & bills (these are used to prove injury severity).

Keeping photographs/videos of the hazard and injuries.

Collecting Accident reports (these are filed with the property owner or authorities).

Lost wages & employment records (essential for accident compensation claims).

Your attorney also works with medical experts to establish the potential long-term impact of your injury, and speculate future medical costs.

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Help Maximize All Compensation Categories

A personal injury lawyer ensures that the victim claims compensation for all eligible damages. These could be –

Medical expenses (Hospital bills, therapy, surgery, and medications)

Lost wages & future earnings (If the injuries prevented work)

Assessing Pain and suffering (physical pain, emotional distress, and reduced quality of life resulting from the injury)

Seeking Punitive damages (This applies in cases of extreme negligence, e.g., if a property owner ignored repeated safety violations)

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Handle Insurance Companies & Negotiating Settlements

It is well known that insurance companies often lowball settlements or try to shift blame onto the victim. In such situations, your slip and fall lawyer can fight against unfair denials, and negotiate aggressively, if necessary, to maximize settlement amounts.

If unavoidable, your personal injury attorney will file a personal injury lawsuit and push for a higher payout in court.

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Avoid Comparative Negligence Pitfalls

The State of New York follows a "comparative negligence" rule. This means that the victim’s compensation can be reduced if they are partially at fault.

A licensed lawyer can defend against claims that the victim was careless or responsible for their own injury (e.g., “They weren’t paying attention” or “They ignored a warning sign”).

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Meet Deadlines & Legal Requirements

Your attorney is essential in adhering to the Statute of Limitations. They will make sure to file a lawsuit within 3 years (for private property), or 90 days (for government property).

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Take the Case to Trial If Needed

If a fair settlement isn’t offered, a personal injury lawyer will file a lawsuit and represent the victim in court. The attorney will also use expert testimony and legal strategies to convince a judge or jury to award maximum damages.

Talk to a Licensed Slip and Fall Attorney in NYC Now

A skilled slip and fall lawyer can help you build a strong case, maximize compensation, and fight insurance companies or negligent property owners. Without methodical legal representation, you could risk receiving lower settlements or having your claim denied.

Would you like help finding a top-rated slip and fall attorney in New York? Call Gabriel Law NYC Personal Injury Attorneys at (212) 497-2421 (available 24/7). Or, set up a free appointment here or email us at suren@gabriellegal.com.

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For further readings

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