Mistakes to Avoid in Your New York City Slip and Fall Claim

Slip and fall claims in New York City fail more often because of procedural missteps than because of weak facts. A single missed deadline or an offhand recorded statement can end an otherwise strong premises liability case. This guide is the authoritative overview of the mistakes that most commonly defeat slip and fall claims in New York, with the specific statutes and doctrines that govern them. If your fall happened at a particular retailer, see our store-specific guides linked below; if you are ready to assemble evidence, see building your slip and fall case.

Reviewed by the Law Offices of Albert Goodwin, personal injury attorneys practicing in New York, NY. Last updated: June 2024. This article is general legal information, not legal advice for your specific situation.

Mistake #1: Missing the 90-Day Notice of Claim on Public Property

This is the single most consequential mistake unique to New York, and it catches many people who think they have years to act. If you fell on property owned or maintained by the City of New York, the New York City Housing Authority (NYCHA), the MTA, a public school, a public hospital, or another municipal or public authority, you generally must serve a written Notice of Claim within 90 days of the accident under General Municipal Law § 50-e. Miss that window and your claim can be dismissed no matter how badly you were hurt.

The Notice of Claim must describe the nature of the claim, the time, place, and manner of the accident, and the injuries claimed. A vague or defective notice can be as fatal as no notice at all. The public entity may also demand a statutory hearing (a § 50-h examination) before you may sue. Because a fall on a NYCHA staircase, a subway platform, or a public school sidewalk triggers these rules while a fall in a private store does not, correctly identifying the defendant early is essential.

Mistake #2: Assuming You Have Plenty of Time (The Statute of Limitations)

For most slip and fall cases against private property owners, New York's statute of limitations for negligence is three years under CPLR 214. But that general rule has traps:

• Claims against public entities must be filed on a much shorter track—the 90-day Notice of Claim plus, typically, a one-year-and-90-day deadline to file suit.
• Wrongful death claims arising from a fatal fall carry their own two-year limit.
• Injuries to minors may have a tolled deadline, but the Notice of Claim requirement for public defendants is generally not extended for minors in the same way.

Because the deadline depends entirely on who owned and controlled the property, do not assume the three-year clock applies to your case.

Mistake #3: Not Understanding You Must Prove Notice

New York is not a strict-liability state for falls. To win, you must show the property owner either created the dangerous condition or had actual or constructive notice of it and a reasonable opportunity to fix it. Constructive notice means the hazard was visible and apparent, and existed long enough before the fall that the owner should have discovered and corrected it (see Gordon v. American Museum of Natural History, 67 N.Y.2d 836).

This is why the details matter: a puddle that had just formed seconds earlier usually is not enough, but a spill with dirt, cart tracks, or footprints through it suggests it sat for a while. In cases involving a recurring hazard, New York courts sometimes apply a “general awareness” theory—showing the owner was aware of an ongoing, recurring dangerous condition. Failing to gather the evidence that establishes notice is one of the most common reasons meritorious claims collapse.

Mistake #4: Overlooking NYC Sidewalk Liability Rules

If you tripped on a broken or defective sidewalk in New York City, do not assume the City is responsible. Under NYC Administrative Code § 7-210, the duty to maintain the sidewalk abutting most commercial and larger residential properties—and liability for injuries caused by failure to do so—shifts from the City to the abutting property owner. There are exceptions (notably one-, two-, and three-family owner-occupied homes used exclusively as residences, where the City may retain responsibility), so identifying the correct defendant requires checking the property's use and ownership.

Suing the wrong party wastes time you may not have, especially when the correct defendant is a private owner subject to the three-year rule while the City requires a 90-day notice—or vice versa.

Mistake #5: Ignoring the “Storm in Progress” Doctrine on Snow and Ice

Winter falls are common in New York, but the law gives property owners breathing room. Under the storm in progress doctrine, an owner generally is not liable for slip and fall injuries caused by snow or ice while a storm is still ongoing; the duty to clear the hazard arises within a reasonable time after the storm ends. To overcome this defense, you often need to show the ice was old, pre-existing, or the product of a prior storm or a defective condition (like a leaking gutter) rather than the active weather event. Preserving certified weather data (for example, records tied to the nearest NOAA/National Weather Service station) is frequently decisive in these cases.

Mistake #6: Failing to Preserve Evidence Before It Disappears

Evidence in fall cases has a short shelf life:

• Surveillance footage. Many stores and buildings overwrite video within days to weeks. A prompt written preservation (spoliation) demand can stop that footage from being deleted.
• Incident reports. Ask that an incident report be created and request a copy. It documents the date, time, and conditions.
• Photographs. Photograph the hazard, the lighting, warning signs (or their absence), and your footwear the same day, before repairs are made.
• Witnesses. Get names and phone numbers of anyone who saw the fall or the condition beforehand.

The longer you wait, the more likely the condition is repaired and the video is gone.

Mistake #7: Giving a Recorded Statement Before Getting Advice

Insurance adjusters often call within days and ask for a recorded statement. Their questions are designed to elicit admissions—that you were rushing, distracted, looking at your phone, or wearing improper footwear—that reduce or defeat your claim. In New York, this feeds directly into the next issue: comparative fault. You are generally not obligated to give a recorded statement to the other side's insurer before consulting a lawyer.

Mistake #8: Not Understanding New York's Comparative Negligence Rule

New York follows pure comparative negligence under CPLR 1411. Your recovery is reduced by your percentage of fault, but—unlike in many states—you are not barred from recovering even if you are found more than 50% at fault. If a jury finds you 30% responsible for not watching where you walked, a $100,000 award becomes $70,000. This is why casual admissions to an adjuster are so damaging, and why the defense works hard to shift blame onto the injured person.

Mistake #9: Delaying or Skipping Medical Care

Beyond the harm to your health, gaps in treatment are used to argue your injuries were minor or unrelated to the fall. Consistent medical records tie the injury to the accident and document its severity—the foundation of your damages, which in New York can include past and future medical expenses, lost earnings and diminished earning capacity, and pain and suffering. Get evaluated promptly even if you feel “just sore,” since injuries like herniated discs and concussions often surface days later.

Mistake #10: Accepting the First Settlement Offer

Early offers are typically made before the full scope of your injuries and future treatment is known, and before liability evidence is developed. Once you sign a release, the claim is over—there is no reopening it if you need surgery later. Understand the realistic value of your case, including future damages, before agreeing to anything. For more on this, see the first settlement offer in New York and how much your case may be worth.

Illustrative Scenarios

These anonymized, hypothetical examples show how these mistakes play out—they are not guarantees of any result:

• The disappearing video. A shopper falls on a spill in a supermarket aisle. No preservation letter is sent; the store's system overwrites the footage in two weeks. Without video, proving how long the spill sat (constructive notice) becomes far harder.
• The wrong defendant. A pedestrian trips on a cracked sidewalk in front of a commercial building and sues the City. Under § 7-210, the abutting commercial owner was responsible—and by the time this is discovered, filing against the correct party is complicated.

Related New York Slip and Fall Resources

If your fall happened at a specific location, these guides address the store's insurer and incident-report practices:

• Slip and fall in a grocery store and in a supermarket
• Target, Walmart, Home Depot, CVS, and Walgreens
• How to build your slip and fall case

Speak With a New York Slip and Fall Attorney

Because deadlines differ sharply between public and private defendants—90 days for a Notice of Claim versus three years under CPLR 214—acting early protects your options. The Law Offices of Albert Goodwin is located in Midtown Manhattan and handles slip and fall matters in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester. Call 212-233-1233 or email [email protected] for a consultation.