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A serious slip-and-fall accident in New York City can upend your life in the blink of an eye. You may be facing life-altering physical injuries, emotional trauma, and financial insecurity. When you have been hurt due to unsafe conditions on someone else’s property, proving liability is a key factor in successfully pursuing compensation for what you have gone through.

Unfortunately, establishing negligence and liability in a slip and fall claim is not always a simple feat. That said, video footage can serve as valuable evidence in your case. It can showcase the circumstances that led up to your fall, your injuries, and what took place in the immediate aftermath of the accident.

In this article, we will review how surveillance footage can impact the outcome of your slip and fall case. Understanding how video evidence can be used to your benefit as well as the New York laws that apply to your situation will help you build a robust personal injury claim.

Proving Negligence in a NYC Slip-and-Fall Accident

Under New York law, you can hold a property owner or managing entity responsible for any personal injuries sustained while you were on their property if they were careless or negligent. To successfully pursue compensation, you must clearly prove that the party responsible failed to take reasonable steps to maintain the property and keep visitors safe.

To prove your slip-and-fall accident claim in New York City, you will need to provide evidence that:

• You were lawfully on the property where you fell
• The business or property owner was negligent – he or she knew or should have known about the hazardous condition on the property and yet failed to repair, rope off, or warn of the condition
• The negligence directly caused your injury

Video footage from the scene of the slip-and-fall accident can go a long way toward establishing what exactly happened. An experienced New York slip and fall attorney can act quickly to help you retrieve available surveillance footage before it is lost or tampered with.

Surveillance Footage Influence on Slip and Fall Claims

In New York State, fall-related injuries are the leading cause of injury hospitalizations among adults 25 years and older. Necessarily, a number of these accidents will result in legitimate slip and fall claims.

In 2024, there were approximately 25,000 security cameras spread across New York City’s 5 boroughs, so there is a good chance your slip-and-fall accident was caught on tape. Such video footage can aid your slip and fall case in several ways.

Surveillance footage can show who was at fault and expose unsafe conditions

As stated, establishing the owner’s negligence and liability is critical to successfully resolving a slip and fall case in New York City. Surveillance footage can help prove the property owner or manager’s fault for your accident if it captures the unsafe condition that caused you to slip. For instance, a wet floor in a retail store such as Target, Trader Joe’s, a fast food place like Burger King, Chick-fil-A, or Wendy’s, or a patch of ice on the sidewalk.

Furthermore, video footage can show what created the hazard and how long it was there before you fell, thereby indicating whether the owner should have reasonably known of the dangerous situation and done something about it.

Surveillance footage can show the extent of your injuries

Surveillance camera footage provides an objective view of your slip-and-fall accident. Thus, video recordings can give credence to the severity of your injuries.

After a fall, it is not uncommon for the property owner to question the extent of your injuries. In such instances, surveillance footage can verify medical reports and testimony. It may show that you were unable to get up without help, had hit your head during the fall, or were taken away by an ambulance.

Furthermore, video evidence may aid you in recovering damages for non-economic losses such as pain and suffering. Along with other evidence, surveillance footage can prove that your injuries meet New York Insurance Law’s serious injury threshold.

Contact New York Fall Accident Lawyers for the Help You Deserve

A slip-and-fall accident on someone else’s property can be devastating – impacting nearly every aspect of your life. After such a traumatic event, you need a compassionate and experienced legal advocate on your side.

It is in your best interests to contact a lawyer as soon as possible. At Hill & Moin LLP, we can help you throughout the entire legal process when we take on your case, ensuring that all possible recourse is taken and no deadlines are missed. Our personal injury lawyers are adept at handling even the most challenging aspects of any slip and fall claim. This includes recovering any surveillance and visual evidence of the events that took place.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Learn how our dedicated legal team can help you secure your future. We serve slip and fall injury victims in Manhattan, Queens, Brooklyn, Bronx, Staten Island, and Nassau County. Call (212) 668-6000 or fill out our online contact form for a free consultation. 

Don’t wonder about your rights!

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Francine Kaley, a Brooklyn native with a love for roller skating and gardening, found her life upended one August when she tripped and fell in her apartment building, injuring her knee. The accident left her in constant pain and with an uncertain future. Determined to seek justice, Francine turned to the law office of Hill & Moin, LLP after finding them online. She was drawn to their reputation as a female-led firm and felt confident that they could help her navigate the legal complexities of her case.

Upon meeting with the attorneys at Hill & Moin, Francine was impressed by their professionalism and personal approach. They took the time to listen to her concerns, clearly outlined the next steps, and worked with her to develop a plan of action for her case. The communication throughout the process was exceptional, and Francine always felt supported and informed at every stage. Thanks to the firm’s dedication and hard work, she ultimately received a $350,000 settlement for her injuries.

Now, with her settlement in hand, Francine plans to use the funds to pay off her mortgage and care for her mother. Reflecting on her experience with Hill & Moin, she gave the firm a glowing 5-star review, praising the attorneys and staff for their unwavering support and excellent communication. For Francine, the legal team not only helped her secure compensation but also provided the peace of mind she needed to move forward with her life.

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Slip-and-fall accidents happen in a moment, but their physical, financial, and emotional impact can last a lifetime. Cities and states have building codes to minimize the risk of slip-and-fall accidents, but these are only effective when followed to the letter. If a building code violation at someone else’s property contributed to your injury, you may have grounds for a premises liability claim.

Premises liability is a property owner or occupier’s legal responsibility to ensure the premises are safe for visitors. Successful premises liability cases hinge on establishing liability. If your personal injury lawyer finds evidence of a building code violation, it could strengthen your case for compensation. This post will explain how to build a strong case for negligence in a slip and fall claim.

Building Code Violations That Impact Slip and Fall Cases

In New York City, there are many building codes and local laws that property owners must comply with. These include the 2022 Construction Codes, the Energy Conservation Code, and local laws that are updated each year. For example, Local Law 79 of 2024 requires a proactive inspection program for buildings.

These codes and laws are designed to protect visitors to businesses and homes. Sadly, when owners and occupiers neglect these regulations, accidents can happen.

The following are common building code violations that can contribute to a slip-and-fall accident:

• Insufficient lighting, especially around curbs and stairs

• Damaged or missing handrails

• Lack of non-slip mats on slippery floors

• Defective disabled access

• Broken or uneven steps

• Defective pipework/gutters, causing wet floors

• Leaks in ceilings

Building codes serve as a benchmark for the standards property owners and occupiers should meet and maintain. While remedial work is in progress, a property owner must warn visitors a hazard exists and take steps to keep them safe.

Where does premises liability apply?

Premises liability applies when you are injured while lawfully on someone else’s property. Examples include visiting your neighbor’s house as an invited guest, shopping at retail stores, or when working at someone else’s property. A personal injury lawyer can explain your legal rights in your situation.

How code violations could strengthen your case

A personal injury lawyer can investigate whether potential code violations contributed to your accident. If he or she finds that a violation took place, this could strengthen your case and may increase your chances of a successful outcome.

Even if your accident was not directly caused by a building code violation, previous citations may help prove the poor standard of maintenance in the building, bolstering your case for compensation.

Establishing Liability in a Slip and Fall Case

As part of the legal process for premises liability cases, attorneys must prove the following points:

• Duty of care: The property owner had a legal duty to ensure that the building met minimum standards for visitor safety

• Breach of duty: The property owner’s failure to follow safety regulations (which may include building codes) resulted in your fall accident

• Causation: The slip-and-fall accident directly resulted from the property owner’s negligence

• Damages: As the injured party, you are entitled to damages for the physical harm and/or financial losses you have suffered

Depending on the specific circumstances of your accident, a personal injury lawyer may choose to work with a building code expert to strengthen your case.

The role of building code experts

Building code violations are not always obvious. That is one reason why lawyers sometimes work with building code experts. These expert witnesses have specialized knowledge of building codes, local laws, and federal regulations relating to commercial properties.

Just a few examples of how building code experts can help include:

• Analyzing code compliance: Perform an in-depth analysis of construction practices, maintenance records, and work undertaken to comply with relevant building codes

• Expert report: Prepare a detailed report noting building code violations and their potential impact on visitor safety

• Expert testimony: Testify in court, explaining the details of building code violations to the judge and jury

• Guidance for legal teams: Personal injury lawyers are not building code specialists, so building code experts can guide them through relevant laws and show how these apply to your slip-and-fall claim

Creating a link between code violations and your accident

A personal injury lawyer must demonstrate a clear link between the code violation and your accident or show the property owner takes a lax approach to maintenance.

For example, poor lighting may have contributed to your accident by making it difficult to see an obstacle in your way. Your lawyer will investigate the lighting at the property to ensure it meets local and national standards. If it does not, this could strengthen your case.

On the other hand, if you trip and fall on a broken tile, it may be challenging to link this to a specific code violation. However, while investigating your case, your personal injury lawyer may discover a history of code violations and inadequate safety measures at the property. This could support your case that the property owner did not take his or her legal duty to follow safety regulations seriously.

Challenges in slip and fall cases

Proving liability in a New York slip and fall case can be challenging, even if you find evidence of code violations at the property.

You need an experienced personal injury lawyer to help you navigate challenges such as:

• Comparative negligence: The defendant may argue your negligence, such as ignoring a warning sign, was the cause of the accident and not the code violation. Under state law, this would not stop you from pursuing damages but could reduce the amount of compensation you receive in a New York slip and fall case.

• Notice requirements: In New York, the property owner must have had notice that the hazard existed. The notice can be actual or constructive, meaning that the problem had gone on long enough that the owner should have known about it.

• Lack of evidence: If there are no photographs, reports, or witness statements, it may be difficult to prove the property owner was negligent.

To give yourself the best chance of building a strong case for compensation, gather as much evidence at the scene as possible. Take multiple photographs and videos. Also, seek immediate medical attention and pursue follow-up treatment to make as full a recovery as possible.

If you suffer a serious injury, it may be impossible to gather evidence at the scene of the incident yourself. Whatever the specific circumstances of your case, call a New York slip and fall lawyer as soon as possible to discuss your legal rights and gather evidence before it disappears.

Let Hill & Moin Fight for Justice for Your Slip and Fall Injuries

After a New York slip-and-fall accident, you need a results-oriented lawyer on your side. One who will leave no stone unturned as he or she determines liability and pursues the compensation you deserve. You need the experience, compassion, and tenacity of Hill & Moin, LLP.

We have secured outstanding settlements in slip-and-fall cases. In one case, we secured a $10 million settlement after our client fell on defective steps. For another client, we secured a $3.5 million settlement for injuries caused by a defective sidewalk. When you hire us, we will bring the same level of intensity to your case as we pursue the best result on your behalf.

Do not delay in seeking justice, learning your Personal Injury Recovery SolutionsⓇ, and securing your future. Call (212) 668-6000 today for a free case evaluation, or contact us online, and we will call you back soon.

Don’t wonder about your rights!

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It was a typical summer day in Brooklyn, when L. Ayala tripped and fell on a hazardous, defective sidewalk. When L. Ayala fell she knew she was in excruciating pain and waited for EMS to arrive and rush her away to the hospital where it was found she had sustained injuries to her shoulder, knee and wrist. L. Stuck wearing a sling and still in pain, L. Ayala’s son knew just who to call to help represent his mother after her accident, the attorneys at Hill & Moin, LLP.

During the initial consultation the attorneys explained to L. Ayala the legal steps that are taken during a personal injury lawsuit and began working on L. Ayala’s case promptly. Throughout her experience with Hill & Moin, L. Ayala appreciated how the attorneys and staff kept her up to date with any new updates regarding her case every step of the way. The case was resolved, and L. Ayala received compensation in the amount of $300,000.

Elated by the news that her case had settled, L. Ayala thanked the attorneys for all their hard work. When asked how she found her overall experience L. Ayala praised the office for how great everything and everyone was and gave her overall experience a 5 star review.

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Slip and fall accidents are among the most common personal injury claims in New York City, often caused by hazards like slippery floors, icy pavements, or a lack of public lighting. But not every slip and fall incident leads to a successful legal claim. If you’re wondering, “What makes a slip and fall case valid in NYC?,” this guide will explain the critical elements of a valid premises liability claim and the steps you can take to ensure your case is strong.

Elements of a Valid Case in NYC

To establish a valid premises liability claim in NYC, several factors must be proven:

1. Duty of Care
   Under New York law, property owners have a legal responsibility to maintain their premises in a reasonably safe condition. This includes fixing hazards like wet floors and posting signs for any temporary dangers.
2. Breach of Duty
   A slip and fall case hinges on proving that the property owner’s negligence directly caused the hazardous condition. For example, if the owner ignored maintenance records indicating unsafe conditions, they may be held liable.
3. Causation
   The fall must be directly caused by the hazardous condition. Whether it’s wet sidewalks or inadequate lighting, the injured party must demonstrate a clear link between the fall and the property owner’s failure to address the issue.
4. Damages
   A slip and fall lawsuit requires evidence of damages, such as medical bills, lost wages, or emotional problems. Documentation like medical records and photographs of injuries can help establish the severity of the harm suffered.

Common Causes of Slip and Fall Accidents in NYC

New York slip and fall incidents can result from a variety of hazardous conditions, including:

• Slippery Floors: Unmarked spills or recently mopped surfaces without proper signage.
• Icy Sidewalks: Failure to remove snow and ice in a timely manner, as required by NYC regulations.
• Uneven Pavement: Cracks or elevation changes that create tripping hazards.
• Poor Lighting: Dimly lit areas that make it difficult to spot hazards.
• Unsafe Conditions: Obstacles in walkways or cluttered staircases.

Each of these scenarios can form the basis for a slip and fall claim, provided sufficient evidence supports the property owner’s negligence.

Key Evidence in Slip and Fall Cases

Building a strong slip and fall case requires compelling evidence that demonstrates the property owner’s failure to maintain safe conditions. Key evidence includes:

1. Photographs of the Hazard
   Visual documentation of the fall accident scene, such as wet floors, icy sidewalks, or debris, can provide undeniable proof of negligence.
2. Witness Testimony
   Statements from witnesses who observed the fall accident or the hazardous condition can strengthen your case.
3. Medical Documents
   Detailed documentation of your injuries, including treatment for serious pain or chronic pain, supports your claim for damages.
4. Maintenance Documents
   If available, these records can show whether the property owner neglected their duty to address known hazards.

Common Defenses in Slip and Fall Lawsuits

Property owners and their insurance companies often try to dispute slip and fall lawsuits by using common defenses, including:

• Comparative Negligence: Arguing that the injured person’s own negligence contributed to the accident, such as failing to notice warning signs or ignoring visible hazards.
• No Prior Knowledge: Claiming they were unaware of the unsafe condition, which is why prompt reporting of hazards is crucial.
• Trespassing: If the injured party was not legally permitted to be on the property, the responsible party may not be held liable.

An experienced attorney can counter these defenses and help you recover the fair compensation you deserve.

Understanding Premises Liability in NYC

Under New York slip and fall laws, premises liability establishes the property owner’s negligence as the central issue. NYC property owners are required to comply with liability laws that ensure public and private spaces are safe for visitors. Failing to uphold this responsibility can lead to slip and fall lawsuits.

A successful premises liability claim often hinges on proving that the property owner had prior knowledge of the hazard. For instance, if a store owner ignored wet floor warnings or failed to fix a damaged staircase despite complaints, they could be held liable.

Compensation in Slip and Fall Cases

Victims of slip and fall accidents may be entitled to compensation for:

• Medical Expenses: Hospital bills, surgery, or physical therapy related to serious injuries like broken bones.
• Lost Wages: Reimbursement for time missed from work due to injuries.
• Emotional Distress: Compensation for pain, suffering, and mental anguish caused by the accident.

To ensure a fair settlement, work with experienced slip and fall lawyers who can negotiate with the insurance company on your behalf.

Why Choose Hill & Moin for Your Case?

At Hill & Moin in NYC, we specialize in premises liability and have a proven track record of handling fall cases. Our team understands slip and fall cases and will fight tirelessly to ensure you receive the justice and compensation you deserve.

When you choose Hill & Moin, you gain access to:

• Personalized legal strategies tailored to your case.
• Experienced attorneys who know NYC’s fall laws inside and out.
• A dedicated team ready to handle every aspect of your slip and fall lawsuit, from gathering evidence to negotiating your setlement.

We offer a free consultation to discuss the details of your case and provide clear guidance on the next steps.

Steps to Take After a Slip and Fall Accident

If you’ve been involved in a slip and fall accident, follow these steps to protect your rights:

1. Seek Medical Care: Document your injuries with a healthcare provider.
2. Report the Incident: Notify the property owner or manager immediately.
3. Document the Scene: Take photos and gather evidence of the hazard.
4. Contact Our Lawyers: Schedule a consultation with an experienced attorney to discuss your options.

Protect Your Rights

A valid slip and fall case in NYC is a combination of clear evidence, a proven link to the property owner’s negligence, and an experienced legal team advocating on your behalf. If you’ve suffered injuries in a fall accident, Hill & Moin is here to help you navigate the complexities of New York slip and fall laws and secure the compensation you deserve. Contact us today for a free consultation and let us help you on your path to recovery.

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As she was on her way home, a Williamsburg resident tripped and fell on a defective sidewalk. Immediately in pain, emergency medical services were thankfully called and she was promptly seen by doctors who diagnosed her with injuries pertaining to her right arm. Advised by those closest to her she reached out to the Hill & Moin, LLP team to find some help to remedy this awful accident.

Immediately the attorneys at Hill & Moin began working on the client’s case and provided her with feedback on a regular basis that helped keep her in the loop with the progression of her lawsuit. In the client’s own words, the staff was “wonderful, courteous and explained everything” while her case was in process. At the end of her case, the attorneys obtained a $500,000 settlement for our Brooklyn client.

Feeling optimistic about her future now that she has received her settlement, the client hopes to be able to buy a new home for herself and her family. Proving that there is a bright side even in the most unfortunate of accidents.

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On a mid-November day in Williamsburg after visiting friends at their home, a Brooklyn grandmother slipped and fell down building steps, injuring her back and foot. A bystander who saw the incident immediately called emergency medical services and the Brooklyn grandmother was rushed off to the hospital. After her injuries were assessed and treated, the Brooklyn grandmother began exploring her legal options to help remedy the trauma and pain she sustained after her fall. That’s when the Hill & Moin team stepped in.

Once the Hill & Moin attorneys met with the Brooklyn grandmother they extensively explained her case to her and provided her with round-the-clock feedback to any questions she may have had regarding her case. Through our attorneys’ hard work and dedication, she was awarded over $200,000 in settlement.

When reflecting on her experience with the Hill & Moin team, the Brooklyn grandmother rated her time as excellent and overall, a great experience in spite of such an unfortunate accident. After receiving her settlement check, the client advised us that she would like to use the money she received for philanthropy purposes and donations to her community.

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In New York City, slip and fall accidents are unfortunately common, often resulting in serious injuries. Whether it’s a slick sidewalk, a poorly maintained stairway, or an uneven floor in a commercial building, these accidents can lead to expensive medical bills, lost wages, and pain and suffering. Understanding premises liability and how it affects slip and fall claims in NYC is essential if you’ve been injured in such an incident.

At Hill & Moin, with offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, we specialize in helping victims of slip and fall accidents get the compensation they deserve. In this blog, we’ll explain the basics of premises liability, how it relates to slip and fall cases, and what steps you should take if you’re injured on someone else’s property.

What is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment. In New York, property owners have a duty to keep their premises reasonably safe for visitors, tenants, customers, and others who have a right to be on the property. If an owner or occupier fails to uphold this duty and someone is injured as a result, they can be held liable for damages.

How Premises Liability Relates to Slip and Fall Claims

Slip and fall accidents are among the most common types of premises liability claims. In NYC, property owners and occupiers must address hazardous conditions that could lead to falls, such as:

• Wet or icy sidewalks
• Broken or uneven pavement
• Poor lighting in stairwells or hallways
• Loose floorboards or tiles
• Spilled liquids or debris on floors
• Worn carpeting or mats

To successfully bring a slip and fall claim under premises liability, you need to prove that the property owner or occupier was negligent. This involves showing that:

1. A Dangerous Condition Existed: There was a hazardous situation on the property, such as a wet floor or broken step.
2. The Property Owner Knew or Should Have Known About It: The owner or occupier was aware (or should have reasonably been aware) of the condition but did not take appropriate action to fix it.
3. You Were Injured as a Result: You slipped, fell, and sustained injuries because of the dangerous condition.

Types of Visitors and Property Owners’ Duty of Care

New York law categorizes visitors into different types, each with varying levels of duty owed by the property owner:

• Invitees: People who enter a property for business purposes (such as customers in a store) are owed the highest duty of care. Property owners must actively inspect the premises and address any hazards.
• Licensees: These are social guests or visitors on the property for non-business purposes. Property owners must warn them of known dangers that may not be obvious.
• Trespassers: Even though trespassers enter the property without permission, property owners still owe a limited duty not to intentionally harm them or create traps.

Understanding your status as a visitor is crucial in a premises liability case. If you’re unsure of your classification, consulting with an experienced lawyer at Hill & Moin can help clarify your situation and determine the best course of action.

Common Misconceptions About Slip and Fall Claims in NYC

1. Myth: Minor Injuries Aren’t Worth Pursuing

   Many people mistakenly believe that minor slip and fall injuries aren’t worth pursuing legally. However, even seemingly minor injuries can worsen over time or lead to unexpected complications. Medical bills can add up quickly, and any disruption to your work or daily life is worth considering. Consulting with an experienced lawyer can help you understand your rights and the potential value of your claim.

2. Myth: You Can’t File a Claim if You Were Partially at Fault

   New York follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you can still pursue compensation. Your damages may be reduced based on your percentage of fault, but you won’t be barred from recovering altogether. For example, if you were 20% at fault for not noticing a hazard, you could still recover 80% of the damages.

3. Myth: The Property Owner Will Automatically Be Held Liable

   Just because you were injured on someone else’s property doesn’t mean the owner is automatically liable. Proving negligence is essential, which is why it’s crucial to gather evidence, such as photographs of the accident scene, witness statements, and medical records.

Steps to Take After a Slip and Fall Accident

If you’ve been injured in a slip and fall accident in NYC, taking the right steps can strengthen your case:

1. Seek Medical Attention Immediately Your health should be your top priority. Even if your injuries seem minor, it’s essential to see a doctor for a thorough evaluation. Medical records will also serve as evidence of your injuries and their connection to the accident.
2. Report the Accident Notify the property owner, manager, or landlord about the accident. If you fell in a commercial establishment, ask for a written incident report.
3. Document the Scene Take photographs of the hazard that caused your fall, such as a puddle, broken tile, or poorly lit stairwell. If there were any warning signs (or lack thereof), be sure to document those as well.
4. Collect Witness Information If there were witnesses to your fall, ask for their contact information. Their statements could be valuable in proving negligence.
5. Consult an Experienced Lawyer Slip and fall claims can be complex, especially when dealing with property owners or their insurance companies. Having an experienced premises liability lawyer from Hill & Moin on your side can help you navigate the legal process and build a strong case.

How Hill & Moin Can Help You

At Hill & Moin, we understand the impact that a slip and fall accident can have on your life. Our experienced attorneys are committed to helping you get the compensation you deserve, including medical expenses, lost wages, pain and suffering, and more. Here’s how we can assist:

• Investigation and Evidence Gathering: We’ll thoroughly investigate your accident, gather evidence, interview witnesses, and consult with experts to build a compelling case.
• Determining Liability: We’ll identify all responsible parties, including property owners, managers, and maintenance companies, to ensure they’re held accountable.
• Handling Insurance Companies: We’ll negotiate aggressively with insurance companies on your behalf to secure a fair settlement.
• Litigation, If Necessary: If a fair settlement cannot be reached, we’re prepared to take your case to court and advocate for your rights.

With offices in the Bronx, Brooklyn, Manhattan, Long Island, and Queens, Hill & Moin is well-positioned to help slip and fall accident victims throughout NYC. Our team has extensive experience handling premises liability cases and a track record of success.

Call to Action: Get the Legal Help You Need Today

If you’ve been injured in a slip and fall accident in New York City, don’t wait to seek legal help. At Hill & Moin, we offer free consultations to discuss your case, answer your questions, and help you understand your legal options. Our team is committed to providing compassionate, dedicated legal representation to help you secure the compensation you deserve.

Contact Hill & Moin today to schedule your free consultation. Call our office at [Phone Number] or fill out our online contact form to get started. Let us be your advocate and guide through the legal process—protecting your rights and fighting for the justice you deserve.

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Depending on the severity of your fall, you might be finding it difficult to think clearly. Regardless of whether or not you hit your head or sustained severe injury in some other way, slip-and-falls call for prompt action on the part of the victim – perhaps especially in the case of falls on government property.

It may seem unfair to be so pressed for time when you have been hurt on someone else’s property, but that’s the law. Specific procedures and limitations govern all personal injury claims and lawsuits in the State of New York, but additional steps and strict timelines apply to harm sustained on government property.

If your injury was foreseeable according to state law, then you can file a notice of claim within a certain number of days from the date of the incident. From there, this notice must be submitted to the appropriate state government agency or municipality.

When your claim is denied or otherwise remains unresolved, you can then file a lawsuit to continue pursuing compensation, but you will not have forever to do this. To make sure you skip zero steps and waste little time, contact us for a free consultation. The personal injury attorneys of Hill & Moin can help you navigate this maze of a process effectively.

Is the Government Liable?

First off, where did you fall? Who is the property owner? Were you hurt on state or federal property or is the place where you fell under private jurisdiction?

If your injury occurred in one of the following locations, then you may have a personal injury case against a state or federal government entity on your hands:

• Public parks, sports fields, and playgrounds
• Libraries
• State or federal government buildings
• Public schools and universities
• Public roads
• Community centers
• Police stations
• Fire stations
• Post office property
• Courthouses
• Public beaches
• Airports
• Staten Island Ferry or terminals

That’s correct – the Staten Island Ferry is operated by the NYC DOT. By contrast, the subway and public bus system is governed by the Metropolitan Transit Authority (MTA) which is operated by a private party.

Sidewalks are another tricky accident scene. If you fell on a sidewalk, your legal case must be filed against the property owner of whatever establishment the sidewalk was “abutting,” or connected to, as set out by New York’s sidewalk law. It could be that you fell on private property.

If you were indeed hurt on government property, then you may have a valid claim against the agency responsible. However, before you can file, one more determination must be made regarding New York slip and fall cases: the foreseeability of your injury.

Was Your Government Property Injury Foreseeable?

Unfortunately, one make-or-break factor under New York state law can determine whether or not you may file a legal claim regarding your slip-and-fall on city or state property.

Public property should be well maintained by the government, just as any private property should. The government is held to the same rules as other property owners: to keep the property safe and clear of dangerous conditions on behalf of visitors.

However, according to state law, the local government agency in question must have received written notice of the hazard that caused your accident within a specified number of days before your injury occurred. In other words, the agency had already been warned that the dangerous condition existed on their property and had enough time to address the issue – but failed to do so before you got injured.

You can file a legal claim against that liable entity as long as your case meets the above conditions. On the other hand, you cannot file if the hazard was previously unreported or if not enough days passed since the initial report was filed.

If you were hurt on local government property despite the foreseeability of your personal injury, then hop to it. You may have only days left to file your notice of claim, but a lawyer can help you make your deadline – not to mention take a load of stress off your shoulders during this time.

After a slip-and-fall, you need to be focusing on yourself, your well-being, and your family. Unless you know first-hand how to navigate the complicated claims process before it’s too late, then it is better to leave your case to be handled by a personal injury attorney who will prioritize your interests.

Meeting the Deadlines for Slip and Fall Cases

Let’s suppose, for a moment, that your slip and fall case does qualify to be filed against a government entity in New York. Once a knowledgeable attorney has confirmed this for you, then you can move forward with your slip and fall claim.

Although you are allowed to do so by law, our experienced law firm does not recommend filing a personal injury claim on your own without the assistance of a qualified lawyer.

You could unfortunately find yourself without much time left to take even your first step. According to the Comptroller’s Office, the strict requirements and procedures described below must be followed.

Steps to take

Filing a claim with the Comptroller’s Office can present challenges to someone who lacks knowledge and experience. Following each and every mandatory procedure to the letter is crucial in protecting your rights and maximizing your chances of a successful claim or lawsuit.

Within a limited period of time, you must accomplish the steps listed below:

1. Gather evidence: Collect all relevant evidence, including photographs of where you fell, corresponding medical records, eyewitness statements, and any incident reports that have been filed
2. Complete the notice of claim: Fill out the notice of claim form, which should include:
   • Your personal information
   • Details of the incident (date, time, location)
   • Description of injuries
   • A statement of the damages being claimed
3. File the notice of claim: Submit the completed notice of claim to the appropriate Comptroller’s Office
4. Await acknowledgment: After filing, the agency typically acknowledges receipt of the claim within a number of days; they may investigate the claim, which could involve interviews or site visits
5. Response from the agency: The agency can either settle the claim, deny it, or take no action
6. Settle the claim: This must be done within a period of time as specified by state law; if a fair settlement cannot be reached by a certain date, then it may become necessary to take the next step listed here
7. File a slip-and-fall lawsuit (if necessary): If your claim has been denied, you have limited time from the date of the slip-and-fall accident to file a lawsuit in court

Please be aware that lawsuits are expensive and challenging. Your trusted lawyer should be the one to advise you when and if to take that next step.

Challenges to meet

Keep in mind that, on paper, legal paperwork and procedures may sound easier than they could turn out to be in reality. Consider the following challenges common among government premises liability claims, for instance.

Your personal injury claim, when filed against a government entity, is likely to encounter complications involving:

• Jurisdiction: Lawsuits, including slip and fall cases, against the state or local government must be filed in specific courts, such as the New York State Court of Claims or the appropriate Supreme Court
• Sovereign immunity: Though the Federal Tort Claims Act allows you to sue the federal government, your legal rights under this statute are limited, restricting you to cases involving federal employees acting within the scope of their employment at the time of the incident where you were injured
• Comparative negligence: New York follows a rule of pure comparative negligence, meaning your compensation may be reduced based on your percentage of fault in the incident; thus, the other party will try to pin some of the blame on you, in all likelihood
• Documentation: You must keep thorough records of the incident, medical treatment, and any communication with government agencies
• Complex procedures: The process can be complicated, requiring strict adherence to timelines and legal requirements
• The burden of proof: You must demonstrate that the liable government entity was negligent in maintaining the property and that this negligence resulted in your injury; this will require substantial evidence
• Potential delays: Government investigations can take time, which may prolong your slip and fall claim

Understanding these steps and challenges can prepare you for the process of filing a claim with the Comptroller’s Office regarding a slip-and-fall incident that took place on government property. However, we at Hill & Moin LLP feel strongly, based on our experience, that you would benefit from a lawyer’s assistance.

That’s why our law firm warmly invites you to come speak to us before deciding how to proceed with your personal injury case. When you do have a valid claim, we may or may not take it on.

If there is another law firm we are connected with that would be better suited to handle your claim, then we will direct you to that firm. Because we want to see you succeed and come away with maximum compensation for your trouble.

Get Assistance to Maximize Your Compensation and Save Time

Not only will it take an experienced slip-and-fall attorney less time to put together a strong case for you, but handing over your legal case to a law firm you trust is well worth it. Statistics show that claimants who work with – or even get advice from – attorneys have a higher success rate than those who go without in small claims court; no case is too insignificant for a lawyer to get involved in.

Beyond that, the lawyers of Hill & Moin LLP have been lauded as the “lawyers in the family” by past clients, showing that you can feel sure we have your best interests at heart. We want to see you get as much money as you get.

With our contingency fee policy and free consultation offer, what do you have to lose from getting in touch with us? Call us at (212) 668-6000 or fill out the contact form here on our website to learn your Personal Injury Recovery SolutionsⓇ. Our representatives are standing by 24/7 to speak with you about your slip-and-fall on government property or any other personal injury cases of concern to you and your family.

Don’t wonder about your rights!

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After a long day of work caring for patients as a home health aide, the only thing Alina Ordonez had on her mind was relaxation. Unfortunately for her on one ill-fated evening, the very opposite occurred. Heading out into the early evening after finishing caring for a patient, Alina made her way out of the doorway and across the dark, unlit pathway. Before she knew it, she tripped and fell on the hazardous premises head-first into the nearby gate.

As she found herself on the ground and in pain, she knew she needed immediate assistance. Her first call was to her son who called an ambulance, and she was rushed to the nearest hospital to treat her multiple soft tissue injuries. Knowing that her fight was just beginning, Ms. Ordonez consulted with the attorneys at Hill & Moin, LLP and she was pleased that she did.

Describing Attorney David Zwerin as “courteous and hard-working”, she always felt taken care of by the communicative and responsive staff at Hill & Moin. Alina was smart to place her trust in their expertise as the attorneys successfully negotiated an impressive $700,000 settlement on her case. Family being her priority, Alina Ordonez now looks forward to investing her funds in projects that will grow and continue to provide for her and her loved ones for years to come.

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