Trip/Slip and Falls

What Classifies as a Trip/Slip and Fall Case?

Under New York premises liability law, property owners, including businesses, landlords, municipalities, and private individuals, have a legal duty to maintain their property in a reasonably safe condition. When they fail to do so, and that failure causes someone to slip, trip, or fall and suffer injury, the owner may be held legally liable for resulting damages.

Common slip and fall scenarios include:

  • Wet or slippery floors in stores, restaurants, or public buildings without adequate warning signs
  • Icy or snow-covered sidewalks, parking lots, or walkways not properly maintained
  • Broken, uneven, or cracked pavement on public sidewalks or private property
  • Defective or broken staircases, handrails, or flooring
  • Poor lighting in hallways, stairwells, or parking garages
  • Obstacles, debris, or merchandise left in walkways
  • Unmarked elevation changes or hazardous surfaces in retail or commercial spaces

Slip, Trip, and Fall Accident Attorney in New York

Slip, trip, and fall accidents are among the most common causes of serious injury in New York, and they are frequently the result of a property owner’s negligence. Whether you were injured on a wet supermarket floor, icy sidewalk, broken staircase, or uneven pavement, you may have the right to pursue compensation. The Law Office of David R. Darvish, P.C. represents victims of premises liability injuries throughout Queens, Brooklyn, Manhattan, and all of New York State.

What to Bring When Contacting Our Law Office

Identification: Valid government-issued ID.

Incident Report: Any written report filed with the property owner, manager, or municipality.

Medical Records: All documentation of your injuries, treatments, and diagnoses.

Photographs: Photos of the scene, the hazard, and your injuries.

Clothing and Footwear: What you were wearing at the time of the accident.

Witness Information: Names and contact details of any witnesses.

Insurance Information: Health insurance details and any relevant policies.

Expense Records: Bills, receipts, and documentation of lost wages and related expenses.

Communication Records: Any correspondence with the property owner, their insurer, or government agencies.

What Should You Do After a Slip or Trip and Fall?

Seek Medical Attention Immediately: Even seemingly minor injuries can worsen without treatment. Head injuries, spinal damage, and soft tissue injuries may not present full symptoms right away. A medical evaluation also creates an official record of your injuries.

Document the Scene: If physically able, photograph the exact location, the hazard that caused your fall, any wet floor signs (or lack thereof), and your injuries. Return with someone to photograph the scene if you cannot do so immediately.

Report the Incident: Notify the property owner, manager, or supervisor and request a written incident report. Ask for a copy before leaving. If the accident occurred on a city or municipal property, file a Notice of Claim within 90 days.

Gather Witness Information: Collect names and phone numbers of anyone who saw the fall or was aware of the hazardous condition before it occurred.

Preserve Your Clothing and Footwear: Keep the shoes and clothes you were wearing, they may be critical evidence in determining conditions at the time of the fall.

Avoid Giving Recorded Statements: Do not provide a recorded statement to the property owner’s insurance company before speaking with an attorney. Such statements can be used against you.

Contact a Slip and Fall Lawyer: Premises liability cases involve strict deadlines. In New York, you generally have three years to file a personal injury claim, but notice requirements for government properties are far shorter.

Why Hire the Law Office of David R. Darvish, P.C. for Your Slip and Fall Case?

Choosing the right attorney after a slip and fall incident can make a profound difference in the outcome of your case. At the Law Office of David R. Darvish, P.C., we bring over 20 years of experience practicing law in New York State, and we have the credentials, track record, and personal dedication to back it up.

Over Two Decades of New York Legal Experience

David R. Darvish, Lead Attorney, holds a JD from CUNY School of Law and has spent more than 20 years representing clients across personal injury, no-fault collections, and related practice areas throughout New York. His extensive background in both litigation and transactional matters means he understands how to fight effectively inside a courtroom and how to negotiate powerfully outside of one. David has been recognized by Super Lawyers as one of the top 5% of attorneys in New York State, a distinction earned by fewer than one in twenty practicing attorneys.

Personal Attention, Not a Case Number

David R. Darvish personally meets with clients to understand not only the legal facts of a case, but the full human story behind it, how an injury has impacted your finances, your family, your career, and your daily life. We believe that a strong attorney-client relationship built on trust and transparency is the foundation of effective legal advocacy.

Multilingual Services for New York’s Diverse Communities

New York is one of the most linguistically diverse places in the world, and we are proud to serve clients in their own language. Our office provides legal support in English, Spanish, Hebrew, Russian, Hindi, Persian (Farsi), and Mandarin, so no matter your background, you can communicate clearly and confidently with your legal team.

Conveniently Located Offices Across New York

With offices in Queens, Brooklyn, and Manhattan, the Law Office of David R. Darvish is accessible to clients throughout the New York metropolitan area. We understand that after an injury or legal crisis, traveling across the city can be a burden, which is why we strive to make working with us as convenient as possible.

No Fee Unless We Win

We handle slip and fall cases on a contingency fee basis. That means you pay nothing unless we recover compensation on your behalf. You should never have to worry about upfront legal fees when you’re already dealing with the stress of an injury or legal challenge.

Frequently Asked Questions — Slip and Fall Accidents

Who can be held liable for my slip and fall injury in New York?
Liability depends on who owned, controlled, or was responsible for maintaining the property where you fell. This could be a private business, landlord, residential property owner, or a government entity such as the City of New York. In some cases, multiple parties may share liability. Our attorneys will investigate thoroughly to identify all responsible parties.
New York follows a pure comparative negligence rule. This means you can still recover compensation even if you were partially at fault, your award is simply reduced by your percentage of fault. For example, if you were found 20% at fault and your damages were $100,000, you would recover $80,000. Do not assume you cannot pursue a claim just because you may have contributed to the accident.
For most private property cases, New York’s statute of limitations is three years from the date of the accident. However, if your fall occurred on city, state, or other government-owned property, you must file a Notice of Claim within 90 days of the accident, missing this deadline can bar your claim entirely. Contact an attorney as soon as possible.
Property owners are held to a standard of what they knew or should have known with reasonable inspection. If a hazard existed long enough that regular maintenance checks should have detected it, the owner may still be liable. Our attorneys gather evidence, including surveillance footage, maintenance logs, and witness statements, to prove notice and liability.
Depending on the severity of your injuries, you may be entitled to compensation for medical expenses, lost wages and future earning capacity, pain and suffering, emotional distress, and costs of ongoing care or rehabilitation. Our team will work to document every element of your damages.