The Frankel Law Firm

Since 1978 · Attorney Advertising

Slip and Fall Lawyer

If you fell on a broken sidewalk, a wet floor, ice, a torn mat, a broken walkway, or another unsafe condition in New York — get medical care first. Then preserve what you can: photographs of the spot as it was when you fell, the names of people who saw what happened, and any report you were asked to sign. Call The Frankel Law Firm. There is no fee to speak with us or for us to evaluate a potential case.

Slip and fall and premises hazards in New York

People fall on sidewalks in front of apartment houses and stores, on wet lobby and supermarket floors, on ice that was not cleared, on broken or uneven walkways, on stairs with missing handrails, and on debris left in aisles and corridors. Those falls happen in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, and nearby counties — at private buildings, commercial spaces, and, at times, public facilities.

Fact patterns vary. A sidewalk flag may be raised, cracked, or missing. A floor may be wet from a mop, a leak, tracked-in rain, or a spill that sat without warning. Ice or packed snow may remain after a storm. A mat may bunch or slide. Lighting may be poor on a staircase. The legal path that may apply depends on who owned or controlled the place, who created or had notice of the condition, how long the condition existed, what the property was used for, and whether the defendant is a private owner, tenant, managing agent, contractor, or public entity.

This page focuses on slip-and-fall and related premises injuries — sidewalks, wet floors, broken walks, ice, and similar hazards. If an elevator or escalator caused the injury, see elevator accidents. If you were hurt on a construction job and Labor Law questions may apply, see construction accidents. Broader personal-injury doors live under personal injury. Call The Frankel Law Firm to talk through what happened.

Notice, defects, and who may be responsible

Premises cases often turn on notice and control, not on a single automatic rule. A property owner, tenant, or managing agent may be responsible when a dangerous condition existed and the party created it, knew about it, or should have known about it in time to fix it or warn. “Notice” questions — how long a puddle sat, whether a sidewalk defect was open and obvious, whether prior complaints or inspection reports flagged the same spot — appear in real cases. Who had the duty to maintain a sidewalk in front of a building can depend on the building type, local rules, and the facts of the frontage.

A fall in front of a small one-, two-, or three-family dwelling is not always the same legal question as a fall in front of a larger residential building, a store, or a commercial property. Those distinctions are fact-dependent. This page does not restate them as a rule for your address. Describe the building when you call. It is not accurate to say that every fall makes a property owner automatically liable, that every sidewalk defect is actionable, or that liability is always absolute. Courts look at the condition, notice, and causation on the evidence.

When a public corporation owns or maintains the place — a city sidewalk in certain circumstances, a public building, a school, a transit facility — notice and claim rules can differ from a private case. Construction activity next to a sidewalk can raise separate questions; for Labor Law §§ 200, 240(1), and 241(6) on a job, see construction accidents. This page does not deep-dive Scaffold Law or crane elevation theories. Talk to The Frankel Law Firm before assuming which theory — if any — fits your facts.

Where these falls often happen

Common settings include residential lobby and hallway floors; supermarket and retail aisles; restaurant and office bathrooms; exterior sidewalks and curb cuts; parking lots and walkways; stairs and ramps; and temporary coverings over construction or repair work. A fall at a school, daycare, or other facility where a child was hurt may raise additional questions — say so when you call. Families with a childhood lead concern should use the lead poisoning lawyer door; that practice is separate from this page.

Say clearly, when you call, where you fell, what the surface looked like, whether anyone had mopped or shoveled, and whether warning signs or cones were present. That detail helps the firm ask the right first questions. It does not decide the outcome of any claim.

Evidence to preserve after a slip and fall

Evidence fades. Floors are mopped, ice melts, sidewalks are patched, cameras are overwritten, and witnesses leave. When it is safe to do so, these steps often help:

  1. Get medical care and keep every discharge paper, imaging report, and follow-up note.
  2. Photograph the exact spot as it was when you fell — the wetness, ice, crack, hole, debris, lighting, and any warning signs present or missing — date-stamp if you can.
  3. Note the address, the floor or aisle if indoors, the weather if outdoors, and the approximate time.
  4. Write down the names and phone numbers of witnesses, store or building staff, and anyone who said they had complained about the same condition before.
  5. Ask for a copy of any incident or accident report you are asked to sign; do not guess at facts you do not know.
  6. Ask, or have someone ask, whether a camera covered the spot, and who controls that footage — do not invent a duty to obtain records you cannot safely get.
  7. Keep shoes, clothing, or personal items damaged in the fall in a bag rather than discarding them until you have spoken with counsel.
  8. Save texts, emails, or building-portal messages about the incident, and any prior complaints you made about the same hazard.

This checklist is not legal advice and is not a substitute for an evaluation of your facts. Safety comes first — do not return to a hazardous spot solely to take photographs if doing so puts you at risk.

Time limits — ask before you assume

CPLR § 214 sets a three-year period for many personal-injury actions. Exceptions, discovery rules, and other statutes can change the analysis. When a public corporation is involved, General Municipal Law § 50-e generally requires a Notice of Claim within ninety days after the claim arises. Late-notice relief under § 50-e(5) is discretionary, not automatic. City sidewalks, public buildings, schools, and authorities can raise notice questions that private premises do not.

Always ask The Frankel Law Firm. Do not compute a deadline from this page, and do not assume that a private three-year period or a ninety-day public notice period applies to your matter.

Talk through what happened

If a slip, trip, or fall on an unsafe condition left you hurt in New York, call The Frankel Law Firm. There is no fee to speak with us or for us to evaluate a potential case.

Questions about slip and fall in New York

What kinds of slip and fall cases does this page cover?

This page focuses on falls on sidewalks, wet floors, ice, broken or uneven walkways, torn mats, debris, and similar premises hazards in New York. Call The Frankel Law Firm for a free evaluation of your situation.

Is the property owner always liable after a fall?

No. Responsibility may turn on who owned or controlled the place, who created or had notice of the condition, how long it existed, and how the fall happened. It is not accurate to say that every fall makes an owner automatically liable or that liability is always absolute. Ask The Frankel Law Firm before assuming who may be in the case.

What does “notice” mean in a slip and fall case?

Notice questions ask whether a party knew about a dangerous condition or should have known about it in time to fix it or warn. Prior complaints, inspection reports, how long a spill sat, and whether a defect was open to view can all matter. The analysis is fact-dependent. Call The Frankel Law Firm; this page is general information, not legal advice.

Does it matter if I fell in front of a small house or a store?

Yes, it can. A fall in front of a small one-, two-, or three-family dwelling is not always the same legal question as a fall in front of a larger building or a commercial property. Describe the building when you call. This page does not restate those distinctions as a rule for your address.

What evidence helps after a slip and fall?

Photographs of the condition as it was when you fell; witness and staff names; incident reports; medical records; prior complaints; and any camera information you learn about can all matter. Preserve what you can when it is safe. Call The Frankel Law Firm; the evidence checklist on this page is general information, not legal advice.

How soon should I call if a city sidewalk or public place is involved?

When a public corporation is involved, General Municipal Law § 50-e generally requires a Notice of Claim within ninety days after the claim arises. That period can be short. Always ask The Frankel Law Firm promptly; do not compute a deadline from this page, and do not assume the ninety-day period — or a private three-year period — applies to your matter.

What does it cost to call The Frankel Law Firm?

There is no fee to speak with The Frankel Law Firm or to evaluate a potential slip-and-fall case. If the firm takes a matter, fee terms are explained in writing before anything is signed. Ask on the first call.

Should I read the slip-and-fall page, the elevator page, or the construction page?

If you fell on a sidewalk, wet floor, ice, or similar premises hazard, this page is the right place to start. If an elevator or escalator was involved, see elevator accidents. For New York Labor Law and workers’ compensation versus third-party claims on a construction job, see construction accidents. Call The Frankel Law Firm either way — we will help you sort out the next step.

More information

Our attorneys

Michael Stewart Frankel
Reuven S. Frankel

Our offices

Manhattan
305 Broadway, 7th Floor
New York, NY 10007

Bronx
1500 Astor Avenue, 2nd Floor
Bronx, NY 10469

Phone: (212) 888-5100

Attorney advertising. Prior results do not guarantee a similar outcome. This page is general information about New York slip-and-fall and premises accidents. It is not legal advice and does not create an attorney-client relationship. Whether premises negligence, notice, a sidewalk duty, Labor Law §§ 200, 240(1), or 241(6), workers’ compensation, or a Notice of Claim applies depends on the facts. It is not accurate to say that every fall makes an owner automatically liable, that liability is always absolute, or that every sidewalk defect is actionable. A telephone call or online inquiry does not create an attorney-client relationship. The firm represents a client only if it agrees to do so. Please do not send medical records until representation has been agreed.