New York City Slip & Fall Accident Lawyer

Wet floors, broken pavement, unmarked hazards, icy building entrances – the conditions that cause slip and fall injuries in New York City are everywhere, and the injuries they produce are far more serious than people initially expect. A fall that happens in a fraction of a second can result in fractured bones, torn ligaments, traumatic brain injuries, and spinal damage that keep someone out of work for months or longer. What makes these cases legally significant is not just the injury itself but who was responsible for maintaining the property where it happened, and whether that person, company, or entity failed to do so. New York City slip and fall lawyers handle a specific and demanding category of personal injury law – one governed by premises liability rules that require understanding the relationship between the property owner, the condition that caused the fall, and the injured person’s own conduct on that property.

New York’s premises liability law imposes a duty on property owners and occupants to maintain their spaces in a reasonably safe condition. The challenge is that “reasonable” is contested in almost every case. Property owners and their insurance carriers will argue they had no notice of the hazard, or that the condition was open and obvious, or that the injured person was not paying attention. An attorney handling a slip and fall claim in New York has to anticipate all of those arguments from the moment a case is opened. That means gathering evidence before it disappears, identifying every party with a potential duty of care, and building a record that can withstand what will almost certainly be aggressive pushback from whoever holds liability insurance on that property.

New York City presents unique conditions that make these cases both more common and more complex. The density of foot traffic across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island means commercial property owners, building managers, and government entities are responsible for some of the most heavily used surfaces in the country. When those surfaces are not properly maintained, the consequences fall on ordinary people who were simply walking to work, shopping, visiting a neighbor, or commuting home.

Common Slip and Fall Hazards and Liable Parties Across New York City

• Wet or Slippery Indoor Floors: Supermarkets, office lobbies, hospitals, restaurants, and retail stores throughout the five boroughs frequently face claims involving floors that were mopped without proper warning signs, or where leaks from plumbing or refrigeration equipment created invisible hazards that staff failed to address.
• Defective Sidewalks and Pavement: New York City’s Administrative Code places the duty to maintain sidewalks on abutting property owners in most circumstances. Cracked, raised, or uneven sidewalk flags near commercial buildings and apartment complexes represent one of the most frequent categories of slip and fall litigation in the city.
• Ice and Snow Accumulation: Building owners have a legally defined window after a storm ends to address ice and snow accumulation on sidewalks and common areas. Failure to clear or salt within that period, or the formation of black ice on untreated surfaces, creates recurring liability in the winter months.
• Staircase and Handrail Defects: Broken steps, missing or wobbly handrails, inadequate lighting in stairwells, and worn stair treads in apartment buildings, commercial properties, and subway station entrances cause serious falls and are frequently the subject of building code violations that become critical evidence in litigation.
• Construction Zone Hazards: The volume of active construction across New York City means pedestrians regularly encounter temporary walkways, uneven ground, debris on sidewalks, and inadequately marked hazards adjacent to job sites. General contractors, site owners, and the city itself may all carry a share of responsibility in these situations.
• Elevator and Escalator Landing Zones: Falls at the moment of exiting an elevator or escalator, often caused by a gap, misalignment, or abrupt surface change, are common in commercial towers, department stores, and transit facilities, and often involve corporate defendants with significant insurance coverage.
• Government-Owned Property: Injuries on New York City public property, including parks, public schools, transit facilities, and government buildings, involve a separate legal framework. Claims against a municipal entity require filing a Notice of Claim within 90 days of the incident, a deadline that cannot be extended without a court order in most circumstances.

What Mark David Shirian P.C. Brings to Slip and Fall Cases

Mark David Shirian P.C. was founded in 2016 with a single, direct purpose: to help people who have been wronged. The firm’s approach in premises liability cases reflects the same qualities it applies across all of its litigation work. Attorneys Mark D. Shirian and Shawn D. Shirian do not treat these cases as routine. They assess each situation individually, identify the specific negligence at issue, and develop a litigation strategy built around the facts of that case rather than a standard playbook. Clients have described the firm as compassionate and hard-working, noting that attorneys here pay close attention to details that matter in these cases and fight to keep clients informed throughout the process. That kind of attention is not a courtesy in slip and fall work – it is a necessity, because small details about when a hazard appeared, who knew about it, and what maintenance records show can be the difference between a strong case and one that gets dismissed on summary judgment.

The firm has recovered millions on behalf of clients across its practice areas, representing individuals who were facing serious injuries and significant financial pressure at the same time. With that background comes an understanding that the people who contact this firm after a fall are not just looking for legal representation. They are dealing with medical bills, missed work, and the uncertainty of not knowing how serious their injuries ultimately will be. The firm’s founding attorneys treat clients as an extension of their own family, which means the advice given here is honest – about the strength of the case, about what the process actually looks like, and about what a realistic outcome might be. That is the kind of representation a person needs when a property owner’s insurer is already building a defense.

What to Do After a Slip and Fall Injury in New York City

The steps taken in the hours and days immediately following a slip and fall injury have a direct effect on the viability of the legal claim that follows. The most important thing a person can do at the scene, if they are physically able, is document the hazard before anything changes. Photographs taken on a phone, showing the exact condition that caused the fall, the surrounding area, any warning signs that were or were not present, and the lighting conditions, are among the most valuable pieces of evidence in these cases. Property owners and managers have strong incentives to repair the hazard quickly once they are aware of a claim, and once it is fixed, the only record of what existed may be what the injured person captured themselves.

Report the incident to the property manager, store manager, or building superintendent before leaving, and request a copy of any written incident report that is generated. If the fall happened in a commercial establishment, ask whether there is surveillance footage and note that request in writing if possible. Video evidence in these cases is routinely overwritten within 24 to 72 hours unless a preservation request is made. An attorney can send a formal spoliation letter demanding that footage be preserved, but only if retained quickly enough to act before the footage is gone.

Seek medical attention as soon as possible, even if the injuries feel manageable. Emergency departments at hospitals throughout the city, including those in every borough, create medical records that document the timing and nature of injuries. Gaps between a fall and the first medical visit are frequently used by defense attorneys to argue that the injuries were not serious or were caused by something unrelated to the incident. Those arguments are harder to make when treatment begins promptly and consistently.

For falls on New York City public property, the 90-day Notice of Claim requirement is an absolute priority. Missing that deadline eliminates the ability to sue the city or any municipal entity in most circumstances. Cases handled in New York City are litigated through the New York State Supreme Court in the relevant borough, including Manhattan’s Supreme Court at 60 Centre Street, the Kings County Supreme Court in Brooklyn, or the comparable venues in Queens, the Bronx, or Staten Island. An experienced slip and fall attorney in New York City will know which courts handle these cases, how those courts approach discovery disputes, and what the realistic timeline is from filing through resolution.

One of the most common mistakes in these cases is speaking with the property owner’s insurance company before consulting an attorney. Adjusters will contact injured parties quickly, sometimes within days, and recorded statements made without legal counsel can be used to contradict later testimony or suggest comparative fault. Do not give a recorded statement, sign any release, or accept any payment from an insurance company without first understanding what rights you are giving up.

How New York’s Comparative Fault Rules Affect Your Claim

New York follows a pure comparative fault rule, which means that an injured person’s own negligence reduces the amount they can recover but does not eliminate the claim entirely. Even if a jury finds that a plaintiff was 40 percent responsible for a fall, they are still entitled to collect 60 percent of the total damages awarded. This is meaningfully different from states that bar recovery if a plaintiff is found more than 50 percent at fault, and it means that slip and fall claims in New York remain viable even when the injured person’s conduct was a contributing factor.

Defense attorneys know this and will attempt to maximize the percentage of fault attributed to the injured person. They will argue the person was wearing inappropriate footwear, was distracted by a phone, was not paying attention to obvious conditions, or was in an area they had no reason to be. The response to those arguments requires thorough preparation: understanding the standard of care applicable to the property, documenting the hazard in detail, gathering witness statements that establish how long the condition existed, and, in appropriate cases, retaining expert witnesses to address the physical and mechanical aspects of the fall itself. A New York City personal injury attorney handling a slip and fall case needs to anticipate that this comparative fault argument will come, and build the record to minimize its impact from the earliest stages of the case.

Damages in a serious slip and fall case can include medical expenses already incurred and anticipated future costs, lost wages and diminished earning capacity if the injuries affect the person’s ability to work, and compensation for pain, suffering, and the lasting impact the injury has on a person’s daily life. Where injuries are catastrophic, including serious fractures, spinal cord involvement, or traumatic brain injury, the damages calculation becomes a significant and contested part of the litigation.

Questions People Ask About Slip and Fall Claims in New York City

How long do I have to file a slip and fall lawsuit in New York?

For most slip and fall claims against private property owners in New York, the statute of limitations is three years from the date of the injury. For claims against New York City or other municipal entities, the timeline is compressed significantly. A Notice of Claim must be filed within 90 days of the incident, and the lawsuit itself must be commenced within a year and 90 days from the date of the accident. These deadlines run regardless of whether you have fully recovered or even know the extent of your injuries.

What if there was a “wet floor” sign present – can I still recover?

The presence of a warning sign does not automatically defeat a claim. A wet floor sign addresses notice, but the real question is whether the condition was remedied within a reasonable time, whether the sign was adequate for the size and nature of the hazard, and whether it was placed in a position where it could actually be seen before reaching the dangerous area. Courts look at the totality of the circumstances rather than treating a sign as an automatic shield for the property owner.

What if I fell on a sidewalk in front of a residential building in New York City?

New York City’s sidewalk law generally places maintenance obligations on property owners whose buildings abut the sidewalk. For one-, two-, and three-family residential properties that are owner-occupied, the rules differ – the city may carry a greater share of responsibility. The analysis is property-specific, and whether the city or the abutting owner is the appropriate defendant depends on how the property is classified and used.

Can I file a claim if I fell in a New York City subway station?

Falls in subway stations involve the Metropolitan Transportation Authority, which has its own notice of claim procedures and timelines. The MTA is a public benefit corporation, and claims against it require a Notice of Claim filed within 90 days. MTA-owned facilities generate a significant number of slip and fall injuries each year, particularly on stair landings, platform edges, and station entryways, and these cases require specific knowledge of how claims against that entity are handled.

Does it matter that I did not see a doctor until two weeks after my fall?

A gap in treatment creates a challenge, but it does not end the case. The question is whether the delay can be explained. People sometimes delay care because they hope injuries will resolve on their own, because they are concerned about medical costs, or because symptoms worsened gradually rather than presenting acutely. A detailed account of symptoms in the period between the fall and the first visit, combined with consistent treatment once care began, can address this issue, but it should be handled carefully because defense attorneys will use any treatment gap as ammunition.

What if I was partially at fault for my fall in New York City?

New York’s pure comparative fault system means that even a significant share of responsibility on your part does not bar recovery. The damages you receive are reduced by the percentage of fault attributed to you, but the claim remains viable. The practical focus for your attorney is minimizing that percentage by demonstrating what the property owner knew, when they knew it, and what a reasonable property owner would have done to address the hazard before your fall occurred.

How is “notice” proven in a New York slip and fall case?

Notice in these cases is either actual or constructive. Actual notice means the property owner was directly aware of the condition – a prior complaint, a work order, or an internal report. Constructive notice means the condition existed for long enough that the owner should have discovered it through reasonable inspection. Courts look at how visible the hazard was and how long it had been present. Surveillance footage showing the condition existed for an extended period, or maintenance logs that reveal an area was not inspected, are common ways to establish constructive notice.

Can I sue my landlord if I fell in a common area of my own apartment building?

Yes. Landlords in New York owe a duty to maintain common areas of residential buildings, including hallways, stairwells, lobbies, and exterior walkways, in a reasonably safe condition. If a defective or dangerous condition in a common area caused your fall, the building owner or management company may be liable. Building code violations related to the hazardous condition can strengthen the claim.

What types of damages are available in a New York slip and fall case?

Compensable damages typically include past and future medical expenses, lost income from time missed at work, diminished earning capacity if the injury affects long-term employment, and non-economic damages for physical pain, emotional distress, and the effect on daily life and activities. In cases involving serious or permanent injuries, the non-economic component of damages can be substantial and is often the most contested element in litigation.

Is it worth pursuing a slip and fall case if my injuries seem relatively minor?

Some injuries that appear minor initially develop into more significant problems over time, particularly soft tissue injuries and injuries involving the back, neck, or head. A consultation with a New York slip and fall attorney allows you to understand what your claim may be worth and whether pursuing it makes financial sense. Many factors affect that analysis, including the clarity of the liability, the property owner’s insurance coverage, and how your injuries have affected your daily life. There is no cost to have that conversation.

Slip and Fall Representation Across New York City and Surrounding Areas

Mark David Shirian P.C. represents slip and fall injury clients throughout all five boroughs of New York City, including Manhattan neighborhoods such as Midtown, the Upper East Side, the Upper West Side, Harlem, Washington Heights, Chelsea, the Financial District, and Tribeca. The firm handles cases arising from accidents in Brooklyn neighborhoods including Park Slope, Flatbush, Crown Heights, Bay Ridge, Williamsburg, Bushwick, and Bed-Stuy. Clients in Queens can rely on the firm for incidents that occurred in Flushing, Astoria, Jamaica, Forest Hills, Jackson Heights, Woodside, Elmhurst, and Bayside. In the Bronx, the firm serves residents and visitors injured in areas including the South Bronx, Fordham, Riverdale, Pelham Bay, and Mott Haven. Staten Island clients in areas including St. George, Stapleton, New Dorp, and Tottenville are also served. Beyond the five boroughs, the firm represents clients across New York State, including those in Westchester County, Nassau County, Suffolk County, and other communities throughout the state where serious slip and fall accidents have occurred. Wherever in the New York City metropolitan area an injury happened, the firm’s attorneys are prepared to evaluate the claim and pursue it through the appropriate legal channels.

Speak with a New York City Slip and Fall Attorney About Your Case

If you were injured in a fall caused by a dangerous property condition anywhere in New York City or the surrounding area, a New York City slip and fall attorney at Mark David Shirian P.C. can evaluate what happened, explain the legal options available to you, and tell you honestly what pursuing a claim would involve. The firm handles these cases with the same level of care and attention to detail it applies to every client it represents. Attorneys Mark D. Shirian and Shawn D. Shirian have built their practice on straightforward, committed representation for people who have been harmed through no fault of their own. Contact Mark David Shirian P.C. today to schedule a confidential case evaluation with a dedicated New York City slip and fall attorney.