If you need a trip and fall lawyer in Staten Island, Minchew & Santner, LLP is ready to help. Our attorneys have been representing injured victims for over 38 years, recovering compensation for medical bills, lost wages, and pain and suffering. Property owners have a legal duty to maintain safe premises — when they fail, you have rights.

Contact us at (718) 727-7700 for a free consultation. There is no fee unless we win.

Trip and Fall Accidents in New York: Seeking Compensation for Your Injuries

Trip and fall accidents can occur suddenly. Victims sustain injuries that range from minor bruises to severe fractures, torn ligaments, and head trauma. Under New York law, victims have the right to seek compensation if their injuries were caused by a property owner’s negligence. Understanding your rights and navigating the complexities of premises liability requires a thorough legal strategy.

Establishing Liability in New York Premises Liability Claims

In trip and fall accident claims, establishing liability is crucial. Property owners and commercial tenants have a legal responsibility to maintain safe premises. They must ensure that structural hazards, uneven walkways, inadequate lighting, or debris are promptly addressed.

To hold a property owner or tenant legally responsible for your injuries, you must establish that:

  1. A dangerous or defective condition existed on the property.
  2. The defendant had a legal duty to maintain the area where you fell.
  3. The defendant breached that duty by failing to repair, clean, or warn you about the hazard.
  4. The breach directly caused your trip, fall, and subsequent injuries.

Proving “Notice” of the Hazardous Condition

Under New York law, a property owner is not automatically liable simply because an accident happened on their property. You must prove that the owner or commercial tenant had notice of the hazardous condition, or that they actively created the condition.

Notice is established in one of three ways:

1. The Owner Created the Condition

If the owner, tenant, or their employee directly caused the hazard, notice is legally established. For example, if a grocery store employee mops an aisle but fails to place warning signs, or if a leaky refrigeration unit actively pools water onto a walkway, the business created the condition and is liable.

2. Actual Notice

You can prove actual notice by showing that the property owner or tenant was explicitly informed of the hazardous condition prior to your fall. This can be established through:

  • Written complaints or emails sent to management.
  • Direct verbal warnings from employees or other patrons.
  • Evidence of temporary, inadequate repair attempts made prior to the accident.

3.Constructive Notice

Constructive notice applies when a hazard was visible and apparent, and existed for a sufficient length of time before the accident that a reasonable property owner should have discovered and corrected it. Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986). We establish constructive notice through security camera footage, witness testimonies, and maintenance logs.

Special Liability Rules in New York

Sidewalk Accidents (NYC Administrative Code § 7-210)

If you tripped and fell on a sidewalk in Staten Island, determining who is responsible depends on the adjoining property. Under New York City Administrative Code § 7-210, the duty to maintain public sidewalks in a reasonably safe condition is shifted from the City of New York to the owner of the adjoining real property.

  • Commercial and Multi-Family Properties: Owners of commercial properties and residential buildings with more than three units are strictly liable for injuries caused by their failure to maintain adjoining sidewalks, including failure to clear snow and ice.
  • One-, Two-, and Three-Family Homes: The City of New York remains liable for sidewalk trip and falls adjoining owner-occupied, strictly residential one-, two-, and three-family homes, provided the property is used exclusively for residential purposes.

Multiple Dwellings

Under New York Multiple Dwelling Law § 78, owners of apartment buildings, tenements, and residential buildings containing three or more families have a non-delegable duty to keep every part of the dwelling, including the roof, yards, and common areas, in good repair. Tenants and their guests who trip on broken stairwells, torn carpeting, or dimly lit hallways have strong protections under this statute.

Suing a Government Entity: The 90-Day Notice of Claim

If you tripped and fell on a public sidewalk adjoining a city-owned building, in a municipal park, or on any property owned by New York City, the transit authority, or another government entity, there is a critical deadline you must know: you have only 90 days from the date of your accident to file a formal Notice of Claim.

Failing to file this notice within the strict 90-day window will bar you from pursuing a lawsuit. Because of these highly accelerated deadlines, you should contact a Staten Island personal injury lawyer immediately after an accident.

Crucial Steps to Take After a Trip and Fall

Collecting evidence is vital to support your claim. If you are injured, take the following steps to protect your legal rights:

  • Take Photos: Capture clear photos of the accident scene, including the specific hazardous condition (such as an uneven sidewalk flag, hole, or spill) from multiple angles.
  • Identify Witnesses: Obtain contact information from any witnesses who saw the accident or the hazard.
  • File a Report: If the fall occurred in a commercial business or apartment building, report the incident to management and request a copy of the written incident report.
  • Seek Medical Attention: Go to an emergency room or see a doctor immediately. Keep records of all medical providers, diagnoses, and treatment expenses.

Why Choose Minchew & Santner, LLP?

Navigating premises liability claims in New York is complex and requires a thorough understanding of state and local municipal laws. Our skilled legal team is dedicated to handling every step of your case, including:

  • Conducting a prompt, thorough investigation to secure security footage and maintenance records.
  • Identifying all potentially liable parties, including out-of-possession landlords, commercial tenants, and municipal entities.
  • Managing all communications and negotiating aggressively with insurance companies.
  • Preparing your case for trial to secure maximum compensation for your medical bills, lost wages, and pain and suffering.

If you’ve been injured in a trip and fall accident in Staten Island or anywhere in New York, remember that you have legal rights and options. Let us help you fight for the compensation you deserve.

Call Minchew & Santner, LLP today at (718) 727-7700 for your free consultation.