From Memorial Day through Labor Day, New York operates at peak intensity. Sidewalk cafés reopen, concertgoers pack Central Park for SummerStage, and crowds line the Coney Island boardwalk. With more people walking through the city, any poorly maintained surface can quickly cause a severe injury.
New York property owners are legally required to keep their premises reasonably safe. Here are the most common safety issues that can lead to summer slip and fall injuries.
Wet Surfaces On Pool Decks And Outdoor Dining Areas
Pool decks and outdoor dining surfaces can accumulate standing water throughout the day. Hotel operators, restaurant owners, and recreational facilities that fail to maintain non-slip surfaces, post adequate warnings, or clear water promptly create foreseeable hazards for anyone who walks through.
Construction Season Hazards
Construction season peaks in summer. Debris, uneven pavement, temporary walkways, and scaffolding entrances create tripping hazards that can appear overnight in any New York neighborhood. Contractors and property owners who fail to manage these conditions put pedestrians at risk.
Storm Runoff And Wet Entryways
Summer storms leave standing water, muddy walkways, and slippery surfaces across the city. A wet lobby floor or a parking lot that drains poorly are conditions that can cause severe slip and fall accidents, resulting in fractured hips and spinal cord injuries.
Retail Spills And Unmarked Hazards
Retail spills increase during peak shopping periods. A leaking produce display in a grocery aisle, a spilled beverage at a store entrance, or a freshly mopped floor with no warning signs all create dangerous conditions for anyone walking through.
What To Do After A Slip And Fall Accident
The steps you take immediately after a fall directly affect the strength of a claim. If you are able to do so safely, take the following steps.
- Seek medical care immediately, including emergency room treatment if your injuries warrant it. A gap in treatment gives insurance companies an opening to argue your injuries were not caused by the fall.
- Report the incident to the property owner, manager, or supervisor on-site and request a written incident report. Keep a copy for your records.
- Photograph the exact location where you fell, the condition that caused the fall, any signage or absence of signage in the area, and your injuries.
- Collect names and contact information from anyone who witnessed the accident.
- Do not provide a recorded statement to the property owner’s insurance carrier before speaking with an attorney.
Who Is Responsible For A Slip And Fall Injury
New York’s premises liability law places clear legal obligations on property owners and managers to maintain reasonably safe conditions in and around the spaces they control. Those obligations do not change with the season. Responsible parties may include property owners, landlords, building managers, property management companies, commercial tenants, retail businesses, restaurant operators, hotel and hospitality operators, government entities for defective public sidewalks, and construction companies managing active sites.
Liability is established by determining what the property owner knew or should have known. If a dangerous condition existed long enough that an owner should have discovered and corrected it, that owner may be held responsible. Maintenance logs, prior complaints, incident reports, witness statements, and surveillance footage can all establish what the owner knew, when they knew it, and what they failed to do about it. When a government entity is responsible, a Notice of Claim must be filed within 90 days of the accident. Missing that deadline can bar recovery entirely.
What You Need To Prove In A Slip And Fall Injury Claim
To hold a property owner accountable for a slip and fall accident in New York, four legal elements must be established:
- Duty of care: property owners owe a legal duty to maintain reasonably safe conditions for anyone on their property.
- Breach of duty: a breach occurs when the owner created the hazardous condition, knew about it and failed to act, or should have discovered and corrected it through reasonable inspection and maintenance.
- Causation: the dangerous condition must be the direct cause of the injury.
- Damages: the injury must have resulted in measurable harm.
How Comparative Negligence Affects Your Claim
New York follows a rule of comparative negligence. Even if you bear some responsibility for the fall, you can still recover compensation reduced in proportion to your share of fault. Insurance companies frequently attempt to shift blame by arguing the hazard was obvious or that the injured person was not paying attention. An experienced New York personal injury attorney can protect your claim and establish clear liability.
What Compensation May Be Available
A slip and fall accident claim seeks compensation for the full extent of the harm caused.
Economic Damages
- Medical care costs, both past and future
- Lost wages and reduced earning capacity
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life and normal daily function
- Permanent disability or disfigurement
Wrongful Death Damages
In the most devastating cases, a slip and fall accident results in the loss of a loved one. New York law allows surviving family members to pursue a wrongful death claim. These claims must be filed within two years from the date of death. Recoverable damages may include funeral and burial expenses, lost financial support, and loss of companionship.
Do Not Wait To Act
New York’s statute of limitations gives most slip and fall accident victims three years from the date of the accident to file a personal injury claim. Surveillance footage is routinely overwritten within days, and property owners often make repairs that eliminate the hazard and the evidence along with it. The sooner you contact an attorney, the stronger your position.
Morelli Law Firm Supports Brain Injury Awareness
Many accidents result in traumatic brain injuries that permanently alter a person’s life. Morelli Law Firm proudly supports New York’s Brain Injury Association (BIANYS), a statewide non-profit that has served children, adults, and families affected by brain injury since 1982. In the past, the firm established a $10,000 Traumatic Brain Injury Survivor Scholarship to help survivors continue their education. Since its inception, Morelli Law Firm has made it its mission to aid the injured and make a positive difference in local communities across the country.
Holding Negligent Property Owners Accountable
Morelli Law Firm represents individuals and families harmed by unsafe property conditions throughout New York State. We identify every hazard, hold every responsible party accountable, and pursue the full compensation that the law allows. Morelli Law Firm has recovered billions for our clients, and we are ready to work just as hard for you.
Contact Morelli Law Firm today for a free and confidential case evaluation.
