The case is about notice, not about the fall
People assume that falling on someone’s property makes the owner liable. In New York it does not, and misunderstanding this is why so many of these claims fail. You have to show the owner either created the condition, actually knew about it, or that it existed long enough and visibly enough that they should have found it and fixed it. That last one — constructive notice — is where most cases live and die.
Proving it means proving time. A puddle that had been there ten minutes is nobody’s fault. The same puddle at the end of a shift, ringed with dried edges and footprints, is a different case entirely. Photographs taken the day it happened are worth more than anything a witness remembers a year later, so take them before you leave if you possibly can, and photograph the whole area rather than just the spot.
Snow and ice follow their own rule. Under the storm-in-progress doctrine a property owner is not required to clear a walkway while it is still snowing — the duty starts a reasonable time after the storm ends. Which storm, and when it ended, is answered with weather records, and it is often the whole case.
On New York City sidewalks, responsibility usually sits with the owner of the abutting building rather than the City, under a section of the Administrative Code that shifted it. The main exception is small owner-occupied homes of one to three families, where the City can remain responsible — and claims against the City carry a 90-day Notice of Claim deadline.
The cases we handle most
Wet and unmarked floors
Supermarkets, lobbies and restaurants. Cleaning logs and inspection records establish how long it was there.
Snow and ice
Weather records decide whether the storm had ended and whether a reasonable time to clear had passed.
Stairs and handrails
Worn treads, missing rails, bad lighting and code violations in walk-ups and apartment buildings.
Broken sidewalks
Usually the abutting owner’s responsibility — but where it is the City’s, the deadline is 90 days.
What we do once you call
We identify who actually owns and maintains the location, put them on notice, and demand that surveillance footage be preserved before it cycles out.
We photograph and measure the condition before it is repaired, obtain the incident report the store or building made, and pull weather records where ice is involved.
We request cleaning logs, inspection records and prior complaints — the documents that prove how long the hazard was there — and get your injuries documented.
We demand, and file suit where the owner’s position is that nobody knew. The records usually say otherwise.
Common questions
I didn’t report it to anyone. Can I still bring a claim?
Yes. An incident report helps but its absence is not fatal — medical records showing when you were treated and what you said caused it, photographs, and witnesses all establish the same thing. Go back and photograph the location as soon as you can, since conditions get repaired.
The store says I should have seen it. Is that a defense?
It is an argument about comparative fault, not a bar. A hazard being open and obvious can reduce a recovery, but it does not excuse an owner from maintaining the property safely, and New York reduces awards proportionally rather than denying them.
How long do I have?
Generally three years for a private property owner. Against the City, a housing authority or another public entity it is dramatically shorter — a Notice of Claim within 90 days — so the identity of the owner needs to be settled quickly.