Slip and Fall Lawyer New York

A wet floor without a warning sign, an icy sidewalk that was never salted, or a torn carpet edge in a store aisle can send a person to the ground in an instant, and the injuries that follow, a fracture, a torn ligament, a head injury, can take far longer to resolve than the fall itself. Slip and fall claims are a specific category of premises liability case in New York, and they turn on a familiar but often contested question: did the property owner know, or should the property owner reasonably have known, about the hazardous condition before the fall occurred. Law Offices Of SRIS, P.C. works with individuals across New York who have been injured in falls on someone else’s property. Call (888) 437-7747 to discuss what happened.

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What a Slip and Fall Claim Means in New York

A slip and fall claim rests on the same common law duty that governs premises liability generally: a property owner or occupant must maintain the property in a reasonably safe condition and address hazards it knows about or reasonably should discover through routine inspection. In a slip and fall case specifically, this often means examining how long a spill, icy patch, or damaged flooring existed before the fall, what inspection or cleaning schedule the property maintained, and whether any warning was posted. Weather-related falls, such as those involving snow or ice, can raise additional questions about whether a property owner had a reasonable opportunity to address the condition after a storm ended.

A slip and fall claim for personal injury in New York is generally subject to the three-year limitations period under N.Y. C.P.L.R. § 214(5). If the property involved is owned by a government entity, a shorter notice-of-claim period and commencement deadline may apply instead, which makes identifying property ownership an early and important step in any slip and fall matter.

Fault allocation in a slip and fall case follows New York’s pure comparative fault rule under N.Y. C.P.L.R. § 1411(a), which applies generally to personal injury actions including premises liability. If a property owner argues that the injured person was not watching where they were walking, or was wearing inappropriate footwear for the conditions, that argument can reduce damages in proportion to any fault assigned to the injured person, but it does not automatically defeat the claim so long as the property owner also bears some responsibility for the hazardous condition. Where a property is maintained by more than one party, such as an owner and a separate cleaning or snow-removal contractor, New York’s limitations on joint liability for non-economic loss under N.Y. C.P.L.R. § 1601, subject to the exceptions in § 1602, can affect how responsibility is allocated among defendants.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys focus early attention on the notice question central to most slip and fall claims: what evidence exists showing how long the hazardous condition was present and whether the property owner had a reasonable opportunity to address it. This typically involves requesting maintenance and inspection logs, incident reports, and any surveillance footage of the area, since footage is often overwritten within a short period if not requested promptly.

The team also works to document the condition itself through photographs, witness statements, and, where relevant, weather records for falls involving snow or ice. Mr. Sris and the firm’s Of Counsel attorneys evaluate every party that may have controlled the specific area where the fall occurred, since property ownership, management, and maintenance responsibilities are sometimes divided among different entities.

Throughout the process, the firm’s Of Counsel attorneys work with Mr. Sris to respond to any comparative fault argument raised by the property owner and to prepare the claim within New York’s procedural framework. To discuss a specific slip and fall incident, call (888) 437-7747 to request a consultation.

About the Legal Team

The firm was founded in 1997 and has represented individuals in slip and fall and other premises liability matters throughout New York. Mr. Sris, its Owner and Founder, is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University has been applied to complex financial and technology-related cases, including matters requiring review of maintenance and inspection documentation.

Mr. Sris and the firm’s Of Counsel attorneys, who contract directly with the firm, bring additional experience to New York slip and fall matters and are described collectively rather than named individually on this page. To schedule a consultation, call (888) 437-7747.

Frequently Asked Questions

What do I need to show to win a slip and fall case in New York?

Generally, an injured person must show that a hazardous condition existed on the property, that the owner or occupant had actual or constructive notice of it, meaning they knew or reasonably should have known about it, and that they failed to address or adequately warn about it within a reasonable time before the fall.

What if I fell on ice or snow that had just started accumulating?

New York law generally allows a property owner a reasonable amount of time after a storm ends to address snow and ice accumulation. Whether that reasonable time had passed at the point of a specific fall depends on the timing of the storm, the condition at the time of the fall, and the property owner’s snow-removal practices.

Does it matter what shoes I was wearing when I fell?

Footwear can be raised as part of a comparative fault argument, but under N.Y. C.P.L.R. § 1411(a) it generally reduces damages in proportion to any fault assigned rather than automatically defeating a claim, so long as the property owner also bears some responsibility for the hazardous condition.

How long do I have to bring a slip and fall claim in New York?

A slip and fall claim against a private property owner is generally subject to the three-year limitations period under N.Y. C.P.L.R. § 214(5). If the property is owned by a government entity, a shorter notice-of-claim period and commencement deadline can apply instead, so identifying the property owner early matters.

What if the property was being cleaned by an outside contractor?

When a separate contractor handled cleaning, snow removal, or maintenance, that contractor may share responsibility alongside the property owner depending on the facts. New York’s rules on joint liability among multiple defendants, including N.Y. C.P.L.R. § 1601 and its exceptions in § 1602, can affect how liability is allocated in that situation.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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A slip and fall claim is one part of premises liability work, and our page on premises liability lawyer New York covers the wider process.