Proving Fault: A Guide to Slip and Fall Claims in Westchester County

A Guide to Slip and Fall Claims in Westchester County

Crowded Metro-North platforms, busy aisles along Central Avenue, winter sidewalks in Yonkers and White Plains. Knowing how a claim works under New York law, which deadlines apply, and how to protect your right to fair compensation from day one helps you find a clear path to justice.

What Counts As a Slip and Fall Claim in New York?

Slip and fall cases fall under a section of law called premises liability. The core question is whether a property owner or possessor created a hazard, knew about it, or should have discovered it through reasonable inspections and failed to fix it or warn visitors.

To get compensation for a slip and fall in New York, four elements must be proven:

• A dangerous condition existed, such as black ice, a spilled liquid, broken stairs, or uneven pavers.
• The owner or occupier created the condition, knew about it, or should have known about it with reasonable inspections.
• There was a fair opportunity to remedy the condition or post an adequate warning.
• The hazard caused your fall and injuries.

The “should have known” concept is called “constructive notice.” Stores, landlords, and other occupiers are expected to perform reasonable inspection routines that suit the location’s traffic. Busier spaces require more frequent checks.

New York Deadlines

New York has strict filing limits. Missing a deadline can end a case before it starts.

• Most slip and fall claims have a three-year statute of limitations from the accident date under CPLR § 214(5).
• Comparative negligence applies under CPLR § 1411. If you share fault, you can still recover. A court reduces the money by your percentage of responsibility.
• Claims against cities, counties, towns, villages, or public authorities require a Notice of Claim within 90 days under General Municipal Law § 50-e. The lawsuit deadline is usually one year and 90 days under § 50-i, and a § 50-h hearing may be required before filing a lawsuit.
• Claims against the State of New York or certain state authorities follow the Court of Claims Act § 10. Timing can be as short as 90 days to file and serve the claim or to serve a notice of intention. The case proceeds in the Court of Claims rather than the Supreme Court.

Ownership can be complicated in Westchester. A sidewalk near Yonkers City Court, an area in a county park, an MTA facility, or a private shopping center may each trigger different rules. Sorting this out early keeps the right deadlines in play.

Where Westchester Slip and Fall Cases Are Filed

The venue depends on the parties and the amount at stake.

• Larger personal injury suits are commonly filed in the Westchester Supreme & County Court in White Plains.
• Smaller civil claims can be filed in Yonkers City Court or another local City Court, depending on location and claim value.

The forum affects procedures, schedules, and discovery. A targeted venue analysis is part of the case strategy from the start.

Evidence That Moves the Needle

Memories fade, and spilled liquids evaporate. Build a simple record while details are fresh.

• Photos or video of the scene, including the hazard, lighting, and your footwear
• Incident reports and the names of employees or managers you spoke with
• Contact details for witnesses
• Medical records and a brief symptom journal
• Receipts that show weather-appropriate footwear or purchases right before the fall

If the location has security cameras, the video footage must be preserved. Many systems are overwritten within days. We can issue a “preservation letter” to halt any routine deletion.

What “Notice” Looks Like In Real Life

New York requires proof that an owner knew or should have known about the hazard. Think in terms of patterns and timing.

• Grocery aisle in Yonkers: A spill sits long enough that staff should have discovered it with reasonable inspections. Cleaning logs and employee testimony can establish constructive notice.
• Icy walkway near the Bronx River Parkway: After a storm ends, owners have a reasonable amount of time to clear the ice. If hours pass and patches remain, that supports notice and liability.
• Broken staircase in an older building: Long-standing defects, repeated complaints, or prior work orders can show the owner had notice.

How Comparative Fault Works

New York uses pure comparative negligence. You can still bring a claim if you were distracted or walked past a warning cone. A jury assigns percentages of fault, then any award is reduced by your share. The focus stays on facts rather than all-or-nothing blame.

Special Rules for Public Property and Transit Areas

Slips at city hall steps, county facilities, bus depots, or train platforms often trigger municipal procedures:

• Serve a Notice of Claim within 90 days under General Municipal Law (GML § 50-e).
• Prepare for a potential § 50-h hearing before filing suit.
• File the lawsuit within one year and 90 days under § 50-i.

State-owned locations bring the Court of Claims Act § 10 into play, along with the Court of Claims’ unique procedures. These short windows are a strong reason to speak with counsel promptly after a fall on government property.

Medical Care, Insurance, and Valuing a Claim

Get checked the same day, even for pain that seems minor. Adrenaline can hide injuries, and early medical records tie the fall to your condition. Typical damages include:

• Medical expenses, including future care supported by physician opinions
• Lost wages and reduced earning capacity
• Pain and suffering are measured by the nature, duration, and impact of the injury
• Out-of-pocket costs, such as braces, crutches, or transportation to appointments

Insurers often argue that there was no notice, the condition was obvious, or your conduct caused the fall. Strong cases rest on timely evidence and a clear story connecting the hazard to the harm.

Ready To Talk About Your Westchester Slip and Fall?

We are a Yonkers-based team focused on Westchester County. For a straightforward, plain-English assessment, call 914-964-6806.