Trip and Fall Lawyer in NYC

A raised sidewalk flag or a broken utility cover can take you down in a second and leave you with a broken bone, surgery and weeks of missed work. Our New York trip and fall lawyers represent only injured people, never insurance companies. We find out who controlled the spot you tripped on and what the records show they knew about the defect.

Hurt in a trip and fall in New York City? Call (212) 268-3222 or contact us online for a free consultation. We'll tell you who's likely responsible, which deadlines apply and what to save now.

Do I Have a Trip and Fall Case in New York City?

You may have a trip and fall case if a defect on someone else's property, or City property, caused your injury. As New York trip and fall attorneys, we represent New Yorkers hurt on sidewalks, stairs and store floors.

In legal terms, that's negligence: the owner knew, or should have known, about the defect and didn't fix it or warn you about it. After a free review, we'll tell you straight whether your case is worth pursuing.

Signs a call makes sense:

• Tripped somewhere you don't own
• Needed medical care
• Missed work
• An insurer has called
• Unsure who owns it

What Did I Trip On, and Who Is Responsible for It?

We first find out who owned or controlled the spot where you tripped. The kind of tripping hazard and where it sat tell us where to look.

On a public sidewalk, New York City law makes the owner of the property next to it responsible for keeping it reasonably safe, including repairing defective sidewalk flags; that owner can be held liable for injuries caused by failing to do so, unless the property is a one-, two- or three-family home that is at least partly owner-occupied and used only as a residence (NYC Admin Code § 7-210).

City rules make the owner of a utility cover or grating in a street or sidewalk responsible for monitoring it, repairing a defective cover, and repairing any defective surface within twelve inches of the cover or grating, or of its concrete pad if one is installed (34 RCNY § 2-07). New York's Multiple Dwelling Law requires the owner of an apartment building to keep every part of the building and its lot in good repair (Multiple Dwelling Law § 78).

When the City owns the spot, its own notice rules apply.

Trip Hazards From Our New York Cases

These are the defects our clients have actually tripped on, and the ones we look for first:

• Raised, cracked or missing sidewalk concrete
• Loose or broken utility covers, gratings and sidewalk cellar doors
• Steel road plates, and tree wells under repair
• Hidden steps and metal door saddles at restaurant and store entrances
• Nails, loose treads and debris on stairs, and stairwells too dark to see the steps
• Lifted rug and mat edges, and uneven ground in parks and playgrounds
• Potholes and pavement depressions in parking lots and gas stations

We also look at handrails, lighting and anything else that made the defect harder to see or avoid.

Did the Owner Know About the Defect?

The owner has to have known about the defect, or it has to have been visible and there long enough that they should have found and fixed it (Gordon v. American Museum of Natural History).

That's why we dig for complaints, earlier repairs, inspection logs and photos that show how long the defect was there. Repeated complaints about broken cellar doors, for example, helped us show what one owner knew.

Is the Defect I Tripped On Too Small to Matter?

Not automatically. New York's highest court has held that there is no minimum size for a dangerous defect: whether a defect is too 'trivial' to support a case depends on all the facts and circumstances, not size alone, and small defects can support a case when their surroundings or features make them hard to see or hard to walk over safely (Hutchinson v. Sheridan Hill House Corp.).

Under the trivial defect defense, a property owner who asks a court to dismiss a case because the defect was trivial has to show that it was physically insignificant and that nothing about it or its surroundings made it more dangerous (Hutchinson v. Sheridan Hill House Corp.).

We get to the spot before it's repaired. We photograph it, measure the height difference with precise tools and map the area. When a case calls for it, we bring in engineers and other experts to explain why the defect was dangerous.

What If I Tripped on a City Sidewalk, Street or Curb?

You may have a case, but before the City can be sued over a defect in a street, curb, sidewalk, step or crosswalk it is responsible for, New York City law generally requires proof that the City had prior written notice of that specific condition, or had acknowledged it in writing, and failed to repair it or make the spot reasonably safe in time (NYC Admin Code § 7-201).

The Department of Transportation must keep an indexed public record of the written notices it receives about these defects (NYC Admin Code § 7-201). We request those records, plus City inspection, permit and repair records, through New York's Freedom of Information Law (FOIL).

Separately, for an injury claim against the City, New York law requires a written, sworn Notice of Claim, served within 90 days after the claim arises (GML § 50-e).

If the City doesn't adjust or pay the claim, an injury lawsuit against it can be filed once at least 30 days have passed since the notice was served (40 days if it was served through the Secretary of State), and it must be started within one year and 90 days after the fall (GML § 50-i).

After you serve the Notice of Claim, the City can demand that you answer questions under oath at a 50-h hearing before you sue. It has to make that demand within 90 days of your notice, and if it doesn't hold the hearing within 90 days of its demand, you can file your lawsuit (GML § 50-h). We prepare you for that hearing and sit beside you through it.

Claims against the City go to the NYC Comptroller's Office.

NYC Trip and Fall Deadlines at a Glance

What Should I Do After a Trip and Fall?

If you're badly hurt, call 911 first. Then get medical care and save proof before the spot is repaired.

• Photograph the spot, with a coin for scale.
• Keep your shoes unwashed and unrepaired.
• Tell EMTs and doctors exactly where you fell. We've seen a medical report put a broken-curb fall in the street.
• Write down witness names and numbers.
• Tell the owner, manager or super, and ask for a copy of any accident report.
• Ask nearby stores and buildings to save their camera footage before it's recorded over.
• Don't post about your fall or your injuries online.

How We Build Your Case After a Trip and Fall

We build your case on records showing what the owner knew about the defect.

We've used DOT inspection records, prior complaints and records of an earlier accident at the same spot. We've represented injured New Yorkers for 34 years.

Prior results do not guarantee a similar outcome.

Trip and Fall Injuries We See Most Often

A trip usually pitches you forward, so many of our clients come to us after landing on a knee, a hand or a shoulder. These are the injuries that come up again and again in our New York trip and fall cases:

• Knee injuries, including shattered kneecaps repaired with surgery and hardware
• Shoulder injuries, including fractures, dislocations and torn tendons
• Wrist and elbow fractures from trying to break the fall
• Ankle and leg fractures, some needing plates and screws
• Hip fractures that need surgery and a long recovery
• Back and neck injuries, including injuries that led to spine surgery

We also represent people with head injuries from a fall. Symptoms may not show up right away, so tell your doctor about any headache, dizziness or memory trouble.

Meet Our New York Trip and Fall Lawyers

Call, and we'll tell you which attorney would handle your case and who else would work on it.

How Much Is My Case Worth After a Trip and Fall?

We can't responsibly put a number on your trip and fall case before reviewing it. Its worth comes from five factors we weigh in trip and fall claims:

• Your injuries, such as a knee injury, and treatment
• Lost work and income
• Lasting limits on your activities
• Who is responsible, and their insurance
• Defect documentation before repair

Compensation can cover your medical bills and future care, physical therapy and rehab, lost wages and reduced earning capacity, and pain and suffering, including emotional distress and the activities you can no longer enjoy.

What Happens When You Call Us About a Trip and Fall?

When you call us about a trip and fall, we sort out what you tripped on, who is responsible for that spot, which deadlines apply and what to save.

Slipped on ice, snow or a wet floor instead? Our slip and fall lawyers handle those cases.