New York premises liability law governs slip-and-fall cases, holding property owners responsible if they fail to maintain safe conditions. Victims can seek compensation for medical bills, lost wages, and pain if they prove negligence, though pure comparative fault reduces awards based on the injured party’s share of blame.​
Proving Fault
Property owners or occupiers owe a duty of reasonable care to visitors, breached by failing to fix or warn of known hazards like spills, ice, broken steps, or uneven sidewalks. Plaintiffs must show actual or constructive notice (owner knew or should have known of the danger via prior complaints or long existence), causation linking the hazard to injuries, and documented damages via photos, witnesses, surveillance, or maintenance logs. Open-and-obvious conditions or plaintiff negligence (e.g., distraction) may limit liability under comparative negligence rules.​
Compensation Potential
Recoverable damages include economic losses (hospital costs, rehab) and non-economic (suffering, disability), often settled out of court but litigated if disputed. Pure comparative negligence allows recovery even if 99% at fault, with awards reduced proportionally; no cap exists for pain and suffering. Government property claims require a 90-day notice of claim filing.​
Key Defenses and Time Limits
Owners argue lack of notice, plaintiff fault, or open hazards; NYC sidewalk law shifts liability to adjacent owners for non-residential properties. Statute of limitations is three years from injury for most claims.
SOURCES
[1](https://www.fuchsberg.com/blog/who-is-liable-in-a-slip-and-fall-accident-ny)
[2](https://www.buffalolaw.com/how-is-liability-determined-in-a-new-york-slip-and-fall-accident/)
[3](https://injurylawyer.com/blog/new-york-slip-and-fall-laws/)
[4](https://www.briantoweylaw.com/new-york-slip-fall-laws/)
[5](https://sskblaw.com/what-counts-as-legal-responsibility-in-ny-slip-fall-cases-sskb)
