Injured in a slip and fall accident? Don’t let negligence go unchallenged. Discover the essential steps to file a lawsuit and how Wohlgemuth Law Firm can fight for your rights.
One minute, you’re walking through a store, down a stairwell, or across a sidewalk. The next—you’re on the ground, hurt and possibly embarrassed. What comes next isn’t just about getting help. It’s about getting justice. Property owners are required by law to prevent hazardous environments, so you may be entitled to compensation if someone else is liable for your slip and fall injury.
If you’re wondering how to file a slip-and-fall lawsuit in New York, you’re in the right place. At Wohlgemuth Law Firm PLLC, we’ve helped countless injured New Yorkers stand up to negligent property owners—and we’re ready to do the same for you.
Understanding Slip and Fall Lawsuits
In New York, slip and fall cases fall under a legal category known as premises liability. That means property owners—whether they’re landlords, store managers, or government entities—have a duty to keep their premises safe for visitors.
When they don’t? That’s where a slip and fall lawyer in NYC steps in.
Common causes of slip and fall accidents include:
- Wet or recently mopped floors with no warning signs
- Uneven pavement or cracked sidewalks
- Poor lighting in stairwells or hallways
- Icy entryways or untreated outdoor surfaces
- Cluttered walkways in commercial spaces
But not every fall is a lawsuit. To move forward with NYC personal injury claims, you need to prove that someone else was responsible for the hazard—and that it caused your injuries.
Key Steps to Filing a Slip and Fall Lawsuit
You don’t have to know everything, but taking the right steps early can make or break your case. Here’s what to do after your fall:
1. Seek Immediate Medical Attention
Even if you feel “okay,” get checked out. Some common slip and fall injuries—like concussions or hairline fractures—don’t show symptoms right away. A medical record will also serve as crucial evidence in your case.
2. Report the Accident
Notify the property owner, building manager, or business supervisor right away. Accident report documentation creates a paper trail that connects your injury to the location and the conditions at the time.
3. Document the Scene
Before it’s cleaned up or fixed, take photos of:
- The hazard (wet floor, broken tile, etc.)
- Your injuries
- Your clothing and shoes
- Any signs, or lack of warning signs
- Surveillance cameras nearby
Also, gather witness names and contact info.
4. Consult a Slip and Fall Lawyer in NYC
This isn’t the time to go it alone. An experienced premises liability attorney can assess your case, identify liable parties, and deal with insurance companies trying to lowball your settlement.
Proving Negligence in Slip and Fall Cases
To win your case, we need to prove that the property owner was negligent. That means showing:
- Duty of Care: They were responsible for keeping the area safe.
- Breach of Duty: They failed to fix or warn about a dangerous condition.
- Causation: That negligence caused your injury.
- Damages: You suffered physical, financial, or emotional harm.
Examples of evidence that help your case:
- Maintenance logs showing missed inspections
- Surveillance footage of the fall
- Eyewitness testimony
- Photos showing the hazard existed for a long time
- Expert testimony (e.g., building code violations)
At Wohlgemuth Law Firm, we’ve built countless winning cases by digging deep—and holding property owners accountable.
Common Challenges in Slip and Fall Lawsuits
Slip and fall lawsuits may seem straightforward, but they rarely are. Here are some common roadblocks:
Comparative Negligence
New York follows comparative fault rules. If you were 20% at fault—say, you were distracted on your phone—your compensation could be reduced by that amount. But don’t panic. You can still win even if you share partial blame.
Proving “Notice”
You must show that the property owner knew—or should have known—about the hazard. That’s the difference between actual notice (they knew) and constructive notice (they should have known if they were paying attention).
Insurance Company Tactics
Insurers often try to:
- Minimize your injuries
- Blame you for the fall
- Offer fast, lowball settlements before you know your rights
This is why a savvy attorney isn’t a luxury—it’s a necessity.
What Compensation Can You Recover?
In a slip and fall lawsuit, compensation isn’t just about covering the ER bill. It’s about making sure your future isn’t hijacked by someone else’s carelessness.
Economic Damages
These cover real financial losses:
- Medical expenses (immediate and future care)
- Rehabilitation and physical therapy
- Lost wages from missed work
- Loss of future earning capacity
Non-Economic Damages
These cover the human side of what you’re going through:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or disability
In extreme cases of gross negligence, punitive damages may be awarded to punish the property owner and prevent similar incidents.
Statute of Limitations for Slip and Fall Cases in NYC
You generally have three years from the date of your accident to file a personal injury lawsuit in New York. But don’t wait. The longer you delay, the harder it becomes to gather solid evidence, track down witnesses, or build a strong case.
If your injury happened on government property (like a sidewalk maintained by the city), you may have as little as 90 days to file a notice of claim.
The clock is ticking—and the defense is counting on you to run out of time.
Why Choose Wohlgemuth Law Firm?
We’re not a mega-firm that hands your case off to a junior associate. At Wohlgemuth Law Firm PLLC, we give every client the personal attention they deserve—and the courtroom grit they need.
Here’s what sets us apart:
- Years of experience handling slip and fall and premises liability cases throughout NYC
- A long list of high-value settlements and extremely satisfied clients.
- No-win-no-fee representation—you don’t pay unless we win
- Multilingual staff and attorneys who speak your language
- Office conveniently located in Brooklyn, New York
We’re not just here to “file paperwork.” We’re here to win—and to make sure you’re treated with dignity and respect throughout the process.
Frequently Asked Questions About Slip and Fall Lawsuits
How long does a slip-and-fall case take?
Anywhere from a few months to over a year, depending on the complexity. Cases involving serious injuries or disputed liability usually take longer but may result in higher settlements.
What if I was partially at fault?
You can still recover compensation, even if you were partially responsible. Your award may be reduced based on your percentage of fault, but it doesn’t eliminate your right to recover.
Can I sue if the property owner denies responsibility?
Absolutely. Many cases start with denial. That’s why proving liability in slip and fall cases is our job. We investigate, gather evidence, and make sure the truth comes out.
Contact Wohlgemuth Law Firm Today
You’ve already been hurt once. Don’t let a careless property owner—and their insurance company—hurt you again.
Contact Wohlgemuth Law Firm PLLC now for a free, no-pressure consultation. We’ll walk you through your rights, your options, and what your case could be worth.
Don’t let a slip-and-fall accident derail your life. Contact Wohlgemuth Law Firm today for expert legal help and start your journey toward justice.
