If you slip and fall in New York City, you can’t sue the city like you would in a normal premises case. That is the first thing that people who have been hurt need to know. When the City is involved, there are special rules that must be followed, deadlines are shorter, and even small mistakes can end a claim before it even starts. Many otherwise valid cases fail just because someone didn’t know they were dealing with a city defendant.
There are also important questions that need to be answered right away, not just deadlines. Who really owns the place where the fall happened? What needs to be shown to prove negligence instead of just a bad accident? And where does the 90-day Notice of Claim requirement fit into the process? This guide explains how slip-and-fall cases in New York City work, from finding the right defendant to following strict filing rules. Our NYC slip and fall lawyer can help people address these issues early, before deadlines and evidence issues arise.
Can You Sue NYC or Is Someone Else Responsible?
NYC Negligence Basics (Duty, Breach, Notice, Causation)
An NYC slip-and-fall claim, like any other negligence case, starts with proof. Someone who was hurt must show that there was a dangerous situation, that the person in charge didn’t take steps to address it, and that the problem caused the injury. It’s not enough to fall on a sidewalk or street.
When the City is involved, the biggest fight is usually about notice. Usually, the plaintiffs have to show that NYC knew or should have known about the problem and had time to fix it. This is where many cases go wrong. A crack, hole, or icy patch doesn’t automatically make the City liable unless it had a fair chance to fix the problem.
New York City makes things even more complicated. For some claims against the City for defects in the street or sidewalk, the law may require proof that the City got written notice of the defect from the public or a City agency before the claim was made. There are only a few exceptions, like when the City intentionally caused the defect, but those exceptions are few and very much up for debate.
Sidewalk Falls in NYC Often Aren’t “City Cases” (Admin Code § 7-210)
A lot of people don’t understand the rule about sidewalks in NYC slip-and-fall cases. A lot of people think that if they fall on a sidewalk, the City is to blame. In fact, NYC Administrative Code § 7-210 states that the property owner next to the sidewalk, not the City, is responsible for most sidewalk maintenance.
This means that many slip-and-fall claims on sidewalks must be brought against the owner of a private building rather than the city of NYC. This difference makes everything different. There are different rules for other defendants, defenses, and procedures. Before you do anything, figure out who is legally in charge of and responsible for the area where the fall occurred.
Filing a lawsuit against the wrong person wastes time, and in City cases, time is short. Claimants can also miss the 90-day Notice of Claim deadline if they mistakenly name the wrong defendant. In most cases, this can’t be fixed later.
NYC Deadlines and the 90-Day Notice of Claim Process
The “Must-Know” Timeline (90 Days, Waiting Period, 1 Year + 90 Days)
If the right defendant is NYC or a city agency, the timeline gets strict very quickly. According to New York’s General Municipal Law § 50-e, a person who has been hurt must usually file a Notice of Claim within 90 days of the event. This notice is not a court case. It is a necessary first step.
The Notice of Claim informs the City of the accident, the alleged negligence, and the claimed injuries. The NYC Comptroller’s Office says this process allows the City to review claims and, in some cases, settle them before a lawsuit is filed.
There is a waiting period after the Notice of Claim is served before a lawsuit can be filed. General Municipal Law § 50-i says that if the claim isn’t settled, the injured person has to file a lawsuit within one year and ninety days of the accident. If you miss this deadline, your claim will most likely be over for good.
Section 7-201 of the NYC Administrative Code contains additional rules on filing a lawsuit against the City, especially when there are issues with the notice. These rules are complicated, but they are important. The courts strictly enforce them.
What to Gather Before Filing (Evidence Checklist NYC Cases Need)
Because deadlines are tight and defenses are strong, evidence should be collected right away. In slip-and-fall cases in New York City, proof of the danger is often just as important as proof of the injury.
Photos or videos of the exact defect and the surrounding area, including lighting, signs, and any barriers, are often important evidence. In some cases, keeping shoes or clothes in good condition can be important. If you can, get the names and contact information of witnesses.
If the fall occurred in a city building, park, or facility, there may be an incident report you can request. Medical records from the first visit on are very important, especially for figuring out when and why something happened. It’s also important to show where you are. When there is a disagreement about who is responsible, the address, the nearest intersection, the subway exit, or the building number can all be important.
In New York City cases, proof of where the defect is and who is responsible for that area often determines whether a claim proceeds. This is general information and not legal advice. Deadlines don’t wait for anyone, so it’s important to talk to a lawyer right away.
Conclusion
If you want to sue NYC for a slip and fall, you need to do more than show that you were hurt. Finding the proper defendant, determining whether city-specific notice rules apply, and meeting strict city deadlines are all essential parts of these cases. The biggest risks occur early, such as missing the 90-day Notice of Claim deadline or suing the wrong person.
We have an experienced slip and fall lawyer NYC residents can trust to help them build proof of negligence and get the right amount of money when the City or a private owner is at fault. This is because the rules are complicated and the time limits are short.