The Legal Process for Slip & Fall Cases

About The Legal Process for Slip & Fall Cases

A slip and fall case in New York follows a predictable path: report the incident and get medical care, preserve evidence such as photographs and surveillance video, identify the owner or manager responsible for the property, file a claim or lawsuit within the deadline, exchange information in discovery, sit for depositions, attend court conferences and mediation, and then either settle or try the case.

The heart of these cases is notice. You generally have to show that the property owner created the dangerous condition or knew about it, or that it existed long enough that they should have found and fixed it. That is why surveillance footage, maintenance and inspection logs, prior complaints, and weather records are so valuable, and why they often disappear if no one demands them quickly.

Deadlines are unforgiving. Claims against the City of New York, the MTA, NYCHA, or another public entity usually require a notice of claim within 90 days, far shorter than the ordinary personal injury statute of limitations. Speaking with a lawyer early keeps those options open.

Questions about your own situation? Segal Law Firm offers a free case evaluation for injured people in Manhattan, Brooklyn, Queens, the Bronx, Long Island & Staten Island.