Rosenbaum Personal Injury Lawyers | April 23, 2025 | Slip and Fall Accidents
Slip and fall accidents in New York fall under the state’s premises liability laws. Property owners are responsible for maintaining safe premises for invitees and guests (but generally not for trespassers).
According to our Bronx slip and fall lawyers, property owners who breach the duty of care could be liable if someone is injured on their property. In some situations, a property manager or other party may also bear responsability.
Who Is Responsible for My Slip and Fall Accident in the Bronx, NY?
Generally, the location of your fall determines who is responsible for your economic and non-economic damages. The property owner could be liable. However, another party could share liability or be entirely liable for your damages.
Examples of parties who could be liable for damages in a slip and fall case include:
Falls on Sidewalks in New York City
The city maintains many public walkways. If you fall on a public walkway, the city could be responsible for your damages. However, NYC Administrative Code §7-210 requires property owners to maintain the sidewalks bordering their property in a safe condition.
Therefore, if you fall on a sidewalk in the Bronx, the property owner could be liable for your injuries. That includes a business or a homeowner.
Falls on Commercial Property in New York City
The property owner could be liable if you fall at a retail establishment, entertainment venue, restaurant, or another business. However, other parties may be liable, including the business owner leasing the property or a property management company. Vendors and other parties could also share liability.
Falls on Residential Property in New York City
The property owner is often liable for damages for a fall on residential property. Therefore, if you fall while visiting a friend or attending a gathering at someone’s house, the homeowner could be liable for your damages. The person’s homeowner’s insurance may cover your claim.
Falls on Public Property in New York City
Falls at government buildings, public parks, and other public properties can result in claims against government agencies. Governments are protected from being sued by the legal concept of sovereign immunity. However, New York has waived sovereign immunity to allow negligence claims for injuries while on public property.
Government tort claims have very short deadlines and specific rules for pursuing claims. It is crucial that you contact an attorney as soon as possible after a fall on public property. A lawyer can take steps to protect your right to file a claim against a government entity for damages.
How Do I Prove Liability for a Slip and Fall Accident on Someone Else’s Property in The Bronx, NY?
Property owners have a legal duty to keep their property reasonably safe for licensees and invitees. Generally, a property owner can be held liable for damages if you are not trespassing and you prove:
- Dangerous conditions or hazards existed on the property
- The property owner knew or should have known about the danger or hazards
- The hazards or dangerous conditions were not reasonably apparent to you
- The owner had a reasonable amount of time to correct the problem and/or warn people about the property
- The hazardous or dangerous conditions caused your fall, which resulted in injuries and damages
Evidence proving the elements of a slip and fall case includes statements from witnesses, inspection records, video surveillance, maintenance records, etc. If possible, take photographs and make a video of the property conditions after your fall. The owner may correct the condition before you return to document the scene.
What Damages Can I Recover for a Slip and Fall Claim?
Damages compensate injured parties for their monetary losses and expenses. Injured parties may also receive compensation for their pain and suffering.
Examples of economic and non-economic damages in a slip and fall case include:
- Scarring and disfigurements
- Medical bills and rehabilitative therapies
- Emotional distress and mental anguish
- Loss of income, employment benefits, and earning capacity
- Diminished quality of life
- Out-of-pocket expenses
- Loss of enjoyment of life
- Impairments and disabilities
The amount you receive for a slip and fall case depends on your injuries, financial losses, and other factors. Being blamed for causing your injuries can lower how much your case is worth.
New York apportions damages based on a pure comparative negligence standard. Therefore, if you are partially to blame for causing your injuries, the court can reduce the amount of damages by your level of fault under contributory fault. For instance, the court can reduce damages by one-fourth if you are 25% to blame for your slip and fall injuries.
Deadline to File Slip and Fall Claims in Bronx, NY
Typically, the statute of limitations for slip and fall accident claims is three years from the accident date. However, that is not always the case. For example, claims against the state and the City of New York require you to file a notice within 90 days and then have a year to file a lawsuit.
If you fall on someone’s property, contact a premises liability lawyer for a free consultation. Do not risk losing your right to pursue a claim by delaying legal action.
Contact Our Slip and Fall Accidents Law Firm in New York City at Rosenbaum Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Manhattan, NY, and need legal help, contact our slip and fall accidents lawyers at Rosenbaum Personal Injury Lawyers to schedule a free consultation. We also serve in Brooklyn and the Bronx.
Rosenbaum Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor
New York, NY 10005
(212) 514-5007
Rosenbaum Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b
Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Personal Injury Lawyers – Brooklyn Office
32 Court St #704
Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332
