Slip & Fall
Slip and Fall Lawyer in New York: How to Prove the Property Owner Was Negligent
Jonathan Fuzailov, Esq.
August 17, 2026 · 4 min read
Falling on someone's property isn't enough — you have to prove they knew or should have known about the hazard. Here's what wins these cases.
Notice is everything
To hold a property owner liable, you must show they created the hazard, actually knew about it, or should have known about it because it existed long enough to be discovered. A spill that appeared seconds before your fall is a much harder case than ice left untreated for days.
Evidence to capture immediately
Photograph the exact spot, the hazard itself, and your footwear. Report the fall to the manager and get a copy of the incident report. Note any cameras — surveillance footage is often deleted within days unless a preservation letter demands it.
Comparative fault is not a bar
Insurers will argue you should have seen the hazard. New York's pure comparative negligence rule means your recovery is reduced by your percentage of fault — but not eliminated. Even if you were partly careless, you can still recover.
Falls on public property have short deadlines
If you fell on a city sidewalk, in a public building, or on transit property, a notice of claim may be due within 90 days. Missing it can end the case before it starts.
Free case review
Hurt in a slip and fall in New York? Talk to a lawyer today.
Deadlines in New York can be as short as 90 days, and insurers start building their defense immediately. Get a free, no-obligation review of your case from Fuzailov Law — you pay nothing unless we win.
Request a free case review
Tell us what happened. We'll review your case and respond the same day — no fee unless we win.