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Slip, Trip And Falls

New York City Slip and Fall Attorneys

Fighting for Slip and Fall Victims in New York City

Slipping, tripping, and falling may not seem like a big deal, but the unfortunate reality is that these incidents can cause devastating, life-altering injuries. When your fall is the resort of unsafe premises, the property owner may be liable for negligence. 

If you have been injured in a slip and fall, you may be entitled to significant monetary compensation. Our team at Sutton & Smyth, LLP can investigate what happened, review your legal options, and help you file a premises liability claim against the negligent property owner. Whether you suffered injuries on a sidewalk, in a restaurant, or at a supermarket, our New York City slip and fall lawyers are ready to put our skills and experience to work for you.

Do not shrug off a slip and fall if you sustained injuries. Call (866) 935-1862 or contact us online to schedule a free initial consultation today. 

REcent Case Victories

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations might be.

  • $1.7 Million Property Damage Due to Fire
  • $775K Motorcycle Accident
  • $750K Ceiling Collapse in Rental Apartment
  • $585K Bicycle Accident Involving Taxi
  • $485K Sidewalk Trip & Fall

When Is a Property Owner Liable for a Slip and Fall?

Generally speaking, property owners are responsible for keeping their premises safe and free from hazards that could cause injury to visitors or guests. This means that they have a legal duty to correct any dangerous conditions or warn visitors if they cannot be fixed immediately. In practice, retail stores, shopping centers, restaurants, and other commercial spaces have an obligation to regularly inspect their premises for safety issues. 

A property owner becomes liable for injuries sustained in a slip and fall accident when they knew about or reasonably should have known about a safety hazard and failed to sufficiently address it. For example, if a spill occurs in a restaurant, the staff of the restaurant becomes aware of the spill but does nothing to promptly clean it up or warn patrons, they are likely liable for any resulting injuries. Similarly, if a spill occurs in a restaurant’s bathroom and the floor remains slick for hours after the fact, it could be argued that the restaurant should have been regularly inspecting the bathroom and thus should have been aware of the safety hazard. 

Examples of safety hazards that can trigger liability for a slip and fall accident include:

  • Slick surfaces
  • Broken or uneven steps
  • No handrails for stairways
  • Poor lighting
  • Debris on the floor

Property owners may not be liable if someone is injured as a result of doing something irresponsible or illegal. If someone slips and falls while trespassing or after entering an obviously marked “employees only” area, for example, the injured party may not have a strong case. Liability may also be murkier if someone slips and falls after failing to pay attention to their surroundings or recklessly running.

If you are not sure whether a property owner is liable for your injuries, we encourage you to get in touch with our New York City slip and fall attorneys. We can assess what happened, determine liability, and advise whether you have a strong case.

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

A slip and fall incident can leave you with severe injuries, extensive medical bills, and lost wages from missed work. The owner of the property where you were injured and their insurance companies will likely try to use tricks and loopholes to block you from getting the compensation you deserve.

Follow these steps to protect your right to compensation for a slip and fall accident:

  • Call 911. If you are seriously injured, ask for an ambulance and remain where you fell, if possible. When help arrives, disclose all known injuries, both severe and minor.
  • Take photos. You need to gather as much evidence as possible. Using your smartphone’s camera, take photos of your injuries as well as the area where you fell. Be sure to grab images of the safety hazard(s) that caused you to slip or trip. This may include a slick surface, uneven steps, poor lighting, or debris scattered around the floor. Your photos should also ideally demonstrate that there was no adequate warning signage present at the time you fell. 
  • File a report with the property. If you fell at a larger store, restaurant, or business, the actual property owner is not likely to be present. Instead, ask for the manager on duty and tell them what happened. Stick to the facts and do not say anything to imply you were at fault. Identify what specifically caused your fall and ask the manager to create a report. Review it for accuracy and get a copy.
  • Gather contact information. You need the name, phone number, and address of the property owner as well as the contact information of any witnesses.
  • Seek medical treatment. Even if you do not need an ambulance, go to an urgent care or your doctor as soon as you can after the incident. Tell them about your fall and any injuries you are already aware of. Request a full medical evaluation, as they may be able to catch additional injuries that were not immediately apparent.
  • Contact Sutton & Smyth, LLP. If the property owner or their insurance company reaches out, do not give any statements, answer any questions, or accept any settlement offers. Instead, speak with our legal professionals and let us handle communications.

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  • "Highly recommend! Thank you!"
    Daniel was very knowledgeable, super attentive, and quick to inform me throughout the entire process.
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What Damages Can I Recover in a Slip and Fall Lawsuit in New York City?

You can potentially recover both economic and non-economic damages if you suffered injuries in a slip and fall accident. However, you will be barred from recovering any compensation if you do not bring a claim before the statute of limitations expires. In New York, the statute of limitations for all premises liability lawsuits, including slip and fall cases, is three years from the date of the incident. You will almost certainly need to start the legal process sooner if you are suing a government entity. When someone dies because of a slip and fall, their immediate family members (or the representative of their estate) have two years from the date of their passing to file a wrongful death lawsuit

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