Slip, trip, and fall cases are among the most common — and most contested — injury claims in New York. Property owners and their insurers know that juries can be skeptical of falls, so they fight these cases hard, often arguing that the hazard was "open and obvious" or that the victim simply was not watching where they were going.
Winning a premises case is about proving two things: that a dangerous condition existed, and that the owner knew or should have known about it and failed to fix it. That requires moving quickly — before the spill is mopped, the ice melts, the broken step is repaired, or the surveillance footage is erased.
For more than 30 years, Adam L. Shapiro & Associates has held retail stores, landlords, managing agents, and the City of New York accountable for dangerous property. Our founding attorney's insurance-defense background is a direct advantage here: he knows precisely how these cases are defended, and how to build a claim that holds up.
Slip & trip and fall
Wet floors, spills, and uneven or broken walking surfaces.
Defective stairs & railings
Broken steps, missing handrails, and code violations.
Snow & ice
Failure to clear sidewalks and entryways in winter.
Inadequate lighting
Dark stairwells, garages, and walkways that hide hazards.
Negligent security
Assaults enabled by absent locks, lighting, or security.
Sidewalk & municipal
Defective public sidewalks and city-owned property.
A property owner in New York has a duty to keep the premises reasonably safe. To win, you generally must show the owner either created the dangerous condition or had "notice" of it — actual notice (they knew) or constructive notice (it existed long enough that they should have found and fixed it). Proving notice is usually the heart of the case.
Cases against the City of New York add a wrinkle: for many sidewalk and roadway defects, the city cannot be sued unless it had prior written notice of the specific defect. These claims also require a Notice of Claim within 90 days. Private property claims follow the standard three-year deadline, but evidence still disappears fast.
Notice is everything
We move quickly to secure surveillance footage, maintenance logs, and prior-complaint records that prove the owner knew about the hazard.
90 days for city property
Falls on city sidewalks or public property require a Notice of Claim within 90 days, and often prior written notice of the defect.
"Open and obvious" isn't a free pass
Owners argue you should have seen the hazard. Under comparative negligence you can still recover even if you were partly at fault.
Medical expenses
Emergency care, surgery, and rehabilitation for fractures, head injuries, and soft-tissue damage.
Lost wages & earning capacity
Income lost during recovery and reduced ability to work.
Pain and suffering
The physical and emotional impact of your injuries.
Future care
Ongoing treatment, therapy, and assistive needs for lasting injuries.
Permanent injury
Compensation for disability, scarring, and long-term limitations.
Report the fall and get care
Report it to the store or landlord, ask for an incident report, and see a doctor the same day.
Photograph the hazard now
Take photos of the exact condition — the spill, ice, or broken step — before it is cleaned or repaired.
Call us before evidence disappears
Surveillance footage is often overwritten within days. Early action preserves the proof your case depends on.
Free case review
We assess the hazard, the owner's duty, and the deadlines at no cost.
Evidence preservation
We demand footage, maintenance and inspection logs, and records of prior complaints before they vanish.
Proving notice
We build the case that the owner knew or should have known about the danger and failed to act.
Negotiation or trial
We pursue a full settlement and take the case to trial if the offer is not fair.
The store says the fall was my fault. Do I still have a case?
Possibly. New York's comparative negligence rule lets you recover even if you were partly at fault; your award is reduced by your share. The key question is whether the owner allowed a dangerous condition.
How do you prove the owner knew about the hazard?
Through evidence — surveillance video, maintenance and cleaning logs, prior complaints, and witness accounts. This is why acting quickly, before records are lost, is so important.
I fell on a city sidewalk. Is that different?
Yes. Claims against the City of New York usually require a Notice of Claim within 90 days and often prior written notice of the specific defect. These cases are time-sensitive.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no fee unless we win your case.