Slip and Fall FAQs

A successful premises liability claim generally requires proof of duty, breach, causation, and damages. A property owner or other party responsible for the premises must use reasonable care to keep the property reasonably safe under the circumstances. A breach may occur when that party creates a dangerous condition or has actual or constructive notice of it and fails to correct the problem or provide an adequate warning. Constructive notice generally means the hazard was visible and apparent and existed long enough to be discovered and remedied. The injured person must also connect that failure to the fall and resulting losses. Expert testimony is not necessary in every case, but engineers, safety specialists, physicians, vocational experts, or economists may help explain technical conditions, injuries, and financial harm. Recoverable damages may include medical expenses, rehabilitation and personal care costs, lost earnings, diminished earning capacity, pain and suffering, and loss of enjoyment of life.

Falls can result from spilled liquids, tracked-in water, loose rugs, broken steps, missing handrails, inadequate lighting, cracked pavement, uneven flooring, or accumulated snow and ice. The existence of a hazard alone does not automatically establish liability. The evidence must show why the condition was unreasonably dangerous and how the responsible party knew or should have known about it. Snow and ice cases require particular attention because New York’s storm-in-progress rule generally allows a property owner a reasonable opportunity after a storm ends to address weather-related hazards. However, liability may still be possible when a party creates or worsens a dangerous condition through negligent maintenance or snow removal. Photographs, weather records, inspection practices, and witness accounts can help clarify what occurred.

New York follows a comparative negligence rule. An injured person’s share of responsibility ordinarily does not eliminate a premises liability claim, but it can reduce the compensation awarded in proportion to that person’s fault. A property owner may argue that the condition was open and obvious, that the injured person was distracted, or that safer alternatives were available. Those arguments do not necessarily decide the case. Courts evaluate the surrounding circumstances, including lighting, visibility, crowding, warnings, the condition’s location, and whether the property was otherwise maintained safely. Prompt investigation can preserve the details needed to respond to allegations that the injured person caused or contributed to the accident.

Evidence can disappear quickly, especially when a spill is cleaned, snow melts, surveillance footage is overwritten, or a defective surface is repaired. When possible, the injured person should preserve photographs or video of the precise condition and surrounding area, obtain witness contact information, report the incident to the property owner or manager, and keep a copy of any report. Shoes and clothing from the incident may also be relevant and should not be discarded. Medical care creates a record of the injuries and helps connect them to the fall. An attorney can seek surveillance recordings, cleaning and inspection logs, maintenance records, prior complaints, incident reports, contracts, and other materials that may establish notice and responsibility.