What the claim turns on
Falling on someone else's property does not by itself make the owner responsible. In most slip and fall matters, the central question is whether the owner or whoever controlled the space created the hazard, or knew or should have known about it in time to fix it or warn people. How long a spill sat on the floor, whether staff had walked past it, and whether anyone had complained about a loose railing are the kinds of facts that decide that question. In New York, an owner generally is not expected to clear snow and ice while a storm is still underway, so the timing of the weather often matters. Your own care is considered too, and in New York it reduces rather than bars recovery.
Who is responsible for the spot
Responsibility does not always sit with the obvious party. In New York City, the owner of the property next to a sidewalk is often responsible for maintaining it, although there are exceptions for some smaller owner-occupied homes. A store in a shopping center may share responsibility with the landlord or a maintenance contractor. Falls on public property, such as city-owned buildings, transit, or some sidewalks, bring in claims against public bodies, which usually require a notice of claim within a short period. Identifying the right party early keeps a claim from being aimed at the wrong defendant.
What to record right away
If you can, photograph the exact spot before it changes, including the lighting, any signs, and what you slipped on, along with the shoes you were wearing. Ask for an incident report and get the names of employees and witnesses. Stores and buildings often have surveillance video that is recorded over quickly, so a written request to preserve it is among the first things a lawyer sends. Get medical attention and tell providers how you fell. From there, we look at where it happened, who controlled that space, and which deadlines apply.
