Slip and Fall Lawyer in New York City
Representing injured pedestrians and visitors in sidewalk, premises liability, and snow and ice cases across the five boroughs.
Overview
What This Practice Covers — and Who Needs It
A slip and fall in New York City usually happens in a second — a cracked sidewalk flag, a wet supermarket aisle, an unshoveled stretch of walkway the morning after a snowstorm — and the injuries can be anything but minor. Broken wrists and ankles, torn rotator cuffs, herniated discs, traumatic brain injuries from hitting the ground, and hip fractures in older adults are all common outcomes. The medical bills add up quickly, days away from work turn into weeks, and recovery is rarely as fast as people expect.
Yazdi Law represents people injured in slip and fall and trip and fall accidents across New York City. Our clients include pedestrians who fell on broken or icy sidewalks, shoppers injured in supermarkets and retail stores, tenants and guests who fell in apartment building lobbies and stairwells, and visitors hurt on commercial premises. Our office is at 261 Madison Avenue in Midtown Manhattan, and we litigate cases in New York County Supreme Court at 60 Centre Street and in the Supreme Courts of the other boroughs. Representation is available in English and Farsi, and we handle these cases on a contingency fee basis — no fee unless we recover. If you have been hurt in a slip, trip, or fall in NYC, call (917) 565-7286 to schedule a free consultation.
Legal Foundation
The Legal Framework
New York slip and fall cases are governed by premises liability principles rooted in common-law negligence, overlaid with New York City-specific statutes that change who can be sued and what the injured person must prove. The framework is more nuanced than most people realize — the correct defendant depends on where the fall happened, who owned or controlled the property, and what kind of hazard caused the injury.
NYC Administrative Code § 7-210 — the sidewalk liability rule
For sidewalk falls in New York City, NYC Administrative Code § 7-210 is the controlling statute. Enacted in 2003, § 7-210 shifted liability for sidewalk defects from the City of New York to the owners of the real property abutting the sidewalk. Commercial property owners and owners of residential buildings with four or more units are responsible for maintaining the adjacent sidewalk in a reasonably safe condition — including repairing cracked, uneven, or broken flags and clearing snow and ice within a reasonable time after a storm. One-, two-, and three-family residential properties that are owner-occupied and used exclusively for residential purposes are generally exempt, which can push liability back onto the City in certain circumstances. NYC Administrative Code § 19-152 defines what constitutes a legally actionable sidewalk defect, including height differentials of at least one-half inch between adjacent flags.
Premises liability for indoor and non-sidewalk falls
Falls inside supermarkets, retail stores, restaurants, office buildings, apartment building common areas, and other indoor or private outdoor spaces are governed by common-law premises liability. The injured person must generally show that the property owner or controller had actual or constructive notice of the dangerous condition and failed to remedy it or provide a warning, and that the condition proximately caused the injury. Evidence of notice often takes the form of prior complaints, inspection records, maintenance logs, video surveillance, or the observable duration of the hazardous condition.
The storm-in-progress doctrine
New York's storm-in-progress doctrine protects property owners and municipalities from liability during an active snow or ice storm and for a reasonable period after it ends. The idea is that no one can be expected to keep a walkway perfectly clear while precipitation is still falling. The practical question in most winter cases is timing — how long after the storm ended did the fall occur, and was there a reasonable opportunity to clear the hazard. Weather records, timeline reconstruction, and the specific conditions at the fall site are critical evidence.
Claims against the City of New York
When the City of New York is a proper defendant — because the property owner qualifies for the § 7-210 exemption, because the fall occurred in a street or crosswalk rather than on a sidewalk, or because the injury occurred on City-owned property — different rules apply. General Municipal Law § 50-e requires a Notice of Claim within 90 days of the accident. General Municipal Law § 50-h permits the City to conduct a pre-litigation deposition. The Pothole Law (Administrative Code § 7-201(c)) requires prior written notice of the specific defect before the City can be held liable for street or sidewalk conditions it owns. Missing any of these procedural requirements can eliminate an otherwise valid claim.
Statute of limitations
A slip and fall personal injury claim against a private defendant must be commenced within three years of the accident under CPLR § 214(5). Claims against the City of New York or another municipal defendant require the Notice of Claim within 90 days and suit within one year and 90 days under General Municipal Law § 50-i. Wrongful death claims arising from a fatal fall must be commenced within two years of death under EPTL § 5-4.1.
How It Works
The Process, Step by Step
A typical slip and fall case at Yazdi Law proceeds through the stages below. The earlier an attorney is retained, the better — evidence in slip and fall cases is particularly time-sensitive, and conditions at fall sites frequently change within days or even hours.
Immediate steps after the fall
Seek medical care the same day if possible — emergency room evaluation if the injury warrants it, otherwise urgent care or a primary physician. Gaps in early treatment are routinely exploited by defense insurers to dispute causation. Photograph the condition that caused the fall from multiple angles, including measurements if possible (a phone with a ruler visible or a coin for scale). Get contact information from any witnesses. Report the fall to the property owner or manager and request that an incident report be prepared, then request a copy. Preserve the shoes and clothing worn during the fall.
Consultation and case review
At the free initial consultation, we discuss the fall in detail — location, weather conditions, what you were doing, what caused the fall, what happened after, medical treatment received, and any insurance communications to date. We obtain property records to identify the correct defendant (which is frequently not who the injured person assumes), research whether § 7-210 applies or whether the City is a proper defendant, and evaluate the strength of the case based on the specific facts. If we take the case, we provide a written retainer agreement compliant with 22 NYCRR § 1215.1.
Investigation and evidence preservation
Early investigation is critical because sidewalks get repaired and snow melts. We photograph the condition professionally where feasible, obtain 311 complaint records and DOT inspection records for City-related claims, request video surveillance from any nearby cameras before it is overwritten (commercial surveillance typically overwrites within 30 to 60 days), research building records and prior complaints through HPD and DOB, and for snow and ice cases obtain NOAA weather data establishing the storm timeline.
Notice of Claim and 50-h hearing (for City cases)
If the City of New York is a proper defendant, we prepare and file the Notice of Claim within 90 days under General Municipal Law § 50-e. The City typically demands a 50-h hearing — a pre-litigation deposition of the injured person — under General Municipal Law § 50-h before suit can be filed. We prepare clients thoroughly for the 50-h hearing, which in practice often shapes the course of the case.
Filing suit and discovery
After the Notice of Claim and 50-h process (for City cases) or immediately after evidence development (for private-defendant cases), we file a Summons and Complaint in the appropriate Supreme Court. Discovery includes written demands, document production (including maintenance records, inspection logs, and incident reports), depositions of the injured person and representatives of the defendant, and exchange of expert reports. Biomechanical and human factors experts are retained where necessary.
Settlement or trial
The majority of slip and fall cases resolve through settlement, often after summary judgment rulings or on the eve of trial. Some cases settle at mediation. Cases that proceed to trial are tried before a jury in Supreme Court. Well-prepared cases with documented liability, credible notice evidence, and well-substantiated damages produce meaningful recoveries.
Realistic timeline
Straightforward private-defendant slip and fall cases typically resolve within 12 to 24 months from filing. Cases involving the City of New York, multiple defendants, or contested liability run 24 to 36 months or longer. Settlements before litigation are possible in cases with clear liability and well-documented damages but are not the typical path.
What to Watch For
Common Pitfalls and How We Avoid Them
Slip and fall cases have more procedural landmines than most personal injury matters. The following are mistakes we regularly see when people handle these cases themselves or retain inexperienced counsel.
Suing the wrong defendant
The most common mistake is assuming the City is liable for sidewalk falls when § 7-210 has shifted liability to the abutting property owner, or assuming the building owner is liable for falls inside a leased commercial space when the tenant is responsible. We identify the correct defendant (or defendants) through property records, DOB filings, and lease research before suit is filed.
Missing the 90-day Notice of Claim deadline
Cases against the City die at the 90-day mark if no Notice of Claim is filed. Many injured people spend the first few months focused on medical treatment and only consult an attorney after the deadline has passed. We file the Notice of Claim within days of retention in any case with potential City involvement.
Letting evidence disappear
Commercial surveillance footage is typically overwritten within 30 to 60 days. Sidewalks get repaired. Snow melts. Witnesses become harder to locate as time passes. We send evidence-preservation letters immediately upon retention and move quickly to secure everything before it is lost.
Giving recorded statements to insurance adjusters
Adjusters routinely call within days of the fall asking for "routine statements." These recorded statements are then used to dispute liability, mechanism of injury, or severity. Even innocuous-sounding questions are structured to produce harmful admissions. After retention, we handle all insurance communication.
Minimizing injuries early
Many fall injuries reveal their full severity only over time — a "minor twist" turns out to be a torn ligament requiring surgery; a headache becomes a diagnosed concussion weeks later. Cases settled early in the treatment timeline frequently undercompensate the injured person because the full injury picture has not yet emerged. We do not settle cases until the medical and vocational picture is reasonably stable.
Free Consultation
Injured in a slip and fall? Discuss your case with an experienced New York premises liability attorney. No fee unless we recover.
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Costs and What's Included
Slip and fall cases at Yazdi Law are handled on a contingency fee basis under New York Judiciary Law § 474-a. There is no fee unless we recover compensation for you. The fee percentage and scope of representation are set out in a written retainer agreement before any work begins, and are discussed openly at the initial consultation.
Case costs — including evidence preservation, expert consultations, medical record retrieval, deposition costs, filing fees, and transcription — are advanced by the firm and only repaid from any recovery. If the case does not produce a recovery, the client owes nothing out of pocket. The client pays no legal fees or case costs during the pendency of the case.
Representation typically includes the initial consultation, scene investigation and evidence preservation, identification of all potentially liable parties, Notice of Claim preparation and filing where applicable, 50-h hearing preparation and attendance, drafting and filing of the Summons and Complaint, full discovery including depositions and expert exchange, summary judgment practice where appropriate, settlement negotiation, and trial if necessary. Initial consultations are free.
FAQ
Frequently Asked Questions
I fell on a sidewalk in NYC. Should I sue the City or the property owner?
I slipped on ice outside a building the day after a snowstorm. Can the property owner still be held liable?
I fell in a supermarket on a wet floor with no warning sign. What do I need to prove?
How long do I have to bring a slip and fall case in New York?
Schedule a Consultation
If you or a family member has been injured in a slip, trip, or fall in New York City, call Yazdi Law at (917) 565-7286 or request a consultation online. Evidence preservation is time-sensitive — surveillance footage is overwritten within weeks, sidewalks get repaired, and the 90-day Notice of Claim deadline runs fast in cases involving the City. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free. Slip and fall cases are handled on contingency — no fee unless we recover. Representation is available in English and Farsi.
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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Statutory citations, court procedures, and deadlines reflect New York law as of the date of publication and may change. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.