The law that applies to your claim
The notice requirement
A property owner is not automatically responsible because you fell. You generally must show the owner either created the dangerous condition, had actual notice of it, or had constructive notice — the condition existed long enough that a reasonable inspection would have found it.
The storm-in-progress rule
New York does not require a landowner to clear snow and ice while a storm is still falling. Liability generally attaches only after a reasonable time following the end of the storm — which makes weather records genuinely decisive evidence.
Notice of claim against a public entity — GML §50-e
If you fell on city, county, school district or transit property, a notice of claim is generally required within 90 days. Many otherwise strong claims are lost here.
What actually proves notice
Owners rarely admit they knew. Notice is usually proved indirectly: prior complaints, repair records, work orders, inspection logs, incident reports involving the same condition, and surveillance footage. In a supermarket case, the sweep log — and whether it was actually followed — often decides the claim.
Footage is the most valuable and the most perishable. Many systems overwrite in days or weeks, so a preservation demand needs to go out immediately.
The conditions these cases involve
- Snow and ice on walkways, entrances and parking areas
- Wet or recently waxed floors without warning
- Broken, uneven or missing stair treads and absent handrails
- Sidewalk defects and raised flags
- Inadequate lighting in stairwells and garages
- Torn carpeting, loose mats and unmarked level changes
- Falling merchandise in retail stores
Being partly at fault does not end it
The defense in nearly every premises case is that you should have been looking. New York applies pure comparative negligence (CPLR §1411): if you are found partly responsible, your recovery is reduced by that share, but it is not barred. A claim worth pursuing does not stop being worth pursuing because you were carrying groceries.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I did not report it to the store that day. Does that matter?
It makes the claim harder, not impossible. Medical records from shortly after the fall, photographs and witnesses can establish what happened. Report it as soon as you can and keep a copy.
How long do I have?
Generally three years for most premises claims (CPLR §214). But if a public entity owns the property, a notice of claim is usually required within 90 days — check that first.
The property owner says the condition was open and obvious.
That argument goes to comparative fault, not to a complete defense. An owner still has a duty to maintain reasonably safe premises.
