New York Slip and Fall Attorneys

At DearLegal, we connect you with experienced New York slip and fall attorneys who understand the Basso v. Miller unified-duty framework, the storm-in-progress doctrine, and NYC chain/landlord defense practice. Whether you fell in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, or upstate, we’ll match you with the right attorney — at no cost to get started.

You must show a dangerous condition existed, the owner had actual or constructive notice (Gordon v. American Museum standard), and failed to remedy or warn. For snow/ice, the storm-in-progress doctrine controls — proving the storm ended and the owner had a reasonable opportunity to clear.

The Gordon v. American Museum standard for constructive notice — the condition must be visible and apparent and exist for a sufficient time — is strict. The storm-in-progress doctrine bars many winter claims. Even with pure comparative fault, defense will push percentages hard.

New York courts consider open-and-obvious as a factor. A duty may still exist when harm is foreseeable despite obviousness.

Get the incident report, photograph the hazard, identify witnesses, and demand preservation of surveillance immediately. NYC chain defense is among the most experienced in the country.

New York’s storm-in-progress doctrine generally suspends the duty during the storm. Liability often turns on whether the storm had ended and how much time had passed. Unnatural accumulations (downspouts, melt-refreeze) can defeat the doctrine.

Yes. NYC and other municipalities require a Notice of Claim within 90 days under General Municipal Law § 50-e. Claims against the State of New York require notice within 90 days under Court of Claims Act § 10.

New York slip and fall attorneys typically work on contingency — typical fees range from 33⅓% to 40%, subject to court rules.

Why Do You Need a Slip and Fall Attorney in New York?

New York abolished the invitee/licensee distinction in Basso v. Miller (1976) — owners owe a unified duty of reasonable care to all foreseeable entrants. New York uses pure comparative fault (CPLR § 1411) — your recovery is reduced by your percentage of fault but never barred. The storm-in-progress doctrine generally limits a landowner’s duty to clear ice and snow until a reasonable time after the storm ends — making timing the central liability question in many winter falls.

When Do You Need a Slip and Fall Attorney in New York?

Our network includes New York slip and fall attorneys who handle every kind of case, including:

Types of Slip and Fall Cases in New York

From the moment you connect with a New York slip and fall attorney, they go to work protecting your claim. The most common case types we handle:

Not photographing the hazard, ice, and surroundings immediately

Failing to file an incident report on the property

Accepting the property’s recommended medical provider

Discarding the boots or shoes you were wearing

Gaps in medical treatment that defense uses to dispute injury

Missing the 90-day Notice of Claim under GML § 50-e or Court of Claims Act § 10

Not photographing the hazard, ice, and surroundings immediately

Failing to file an incident report on the property

Accepting the property’s recommended medical provider

Discarding the boots or shoes you were wearing

Gaps in medical treatment that defense uses to dispute injury

Missing the 90-day Notice of Claim under GML § 50-e or Court of Claims Act § 10

Common New York Slip and Fall Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do New York Slip and Fall Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

New York slip and fall attorneys work on contingency — typical fees range from 33⅓% to 40% of the recovery. Pure comparative fault and the Basso unified duty make NY relatively plaintiff-friendly, but the storm-in-progress doctrine and Gordon constructive-notice standard demand experienced counsel. Case costs are typically advanced by the firm.

What Can Your New York Slip and Fall Compensation Include?

Economic Damages

Medical bills, future care, lost wages, and out-of-pocket costs. No cap in NY premises cases.

Non-Economic Damages

Pain, suffering, and loss of enjoyment. No general cap in NY premises cases.

Punitive Damages

Available for gross negligence/willful misconduct evincing high moral turpitude. No statutory cap; constitutional limits apply.

Property and Personal Effects

Damaged clothing, eyeglasses, electronics, and other personal property.

Loss of Consortium

A spouse may recover for loss of companionship and household services.

Wrongful Death

NY wrongful death (EPTL § 5-4.1) traditionally allows only pecuniary loss for distributees, though Grieving Families Act expansions remain pending.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

New York Slip and Fall Attorneys

Why Do You Need a Slip and Fall Attorney in New York?

When Do You Need a Slip and Fall Attorney in New York?

Types of Slip and Fall Cases in New York

Common New York Slip and Fall Mistakes

How Much Do New York Slip and Fall Attorneys Cost?

What Can Your New York Slip and Fall Compensation Include?

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