What to Do After Suffering a Slip-and-Fall Injury on Public Property
Highlights
Filing a claim for an injury on public property can involve different steps depending on who owns, controls, or maintains the location.
Photographs, witness information, medical records, and incident reports can help preserve evidence after a fall.
Claims involving New York City property have specific notice requirements, underscoring the importance of taking prompt legal action.
A slip and fall attorney can assess the accident, identify potentially responsible parties, and help you decide what steps to take.
A fall on a sidewalk, staircase, transit area, park, government building, or other public property can cause significant injuries that may affect you for weeks, months, or longer. Pain and limited mobility can interfere with your work, household responsibilities, and everyday activities while medical bills continue to accumulate.
According to the Centers for Disease Control and Prevention (CDC), falls among adults age 65 and older result in approximately 9 million injuries every year that require medical treatment or restrict activity for at least one day. When a fall occurs due to a hazardous condition on public property, a slip and fall attorney can help determine who was responsible for that condition.
At The Eskesen Law Firm, our attorney helps injured people evaluate their options after accidents involving public property and other premises. Located in New York City, the firm serves clients throughout Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island). Contact me to schedule a free consultation and discuss how you can pursue fair compensation for your injury.
Identify the Hazard That Caused Your Fall
One of the first questions in a public-property fall claim is what caused the accident. A vague description that you "slipped" or "tripped" isn't always enough to establish what condition contributed to the injury.
Document the specific hazard as soon as possible. A damaged sidewalk, broken step, missing handrail, inadequate lighting, accumulated snow or ice, uneven flooring, or another condition can help determine liability. Some key details worth documenting include:
The exact location of the accident: Record the address, intersection, building entrance, or other identifying information for the area where the fall occurred.
The hazardous condition: Photograph cracks, holes, debris, wet surfaces, defective stairs, or other conditions that contributed to the accident.
The surrounding conditions: Document the lighting, weather, signs, barriers, and other circumstances that affected visibility or safety.
Your injuries: Take photographs of visible injuries and continue documenting significant changes when appropriate.
Witness information: Obtain the names and contact information of people who saw the fall or observed the condition beforehand.
Preserving these details is particularly important when the hazard that caused your injury is repaired or removed after the accident. A photograph taken shortly after the fall can show what the area looked like when the incident occurred. It can also help establish whether the condition was visible and how its location related to your fall.
Seek Medical Care and Preserve Your Records
Even if your injury doesn't seem severe at first, seek medical attention after any fall. Some injuries may only exhibit symptoms over time, and medical records can establish when your symptoms began and what treatment was recommended.
Tell your healthcare provider how the accident happened and describe the symptoms you're experiencing. Follow recommended treatment and keep documentation related to appointments, diagnostic testing, medications, physical therapy, and other care.
Medical documentation can also help connect your injuries to the accident and provide a treatment timeline. Our New York personal injury lawyer can review your records alongside evidence from the accident scene when evaluating your claim.
Determine Who Controls the Property
"Public property" doesn't necessarily identify the party responsible for an unsafe condition. Different government agencies, municipal entities, contractors, transportation authorities, and other organizations can share liability, depending on the location.
Determining who owns the property and controls the area is an important part of investigating the claim. Maintenance responsibilities can also be divided between different parties.
For example, a sidewalk adjacent to a private building can involve both municipal responsibility and the obligations of a nearby property owner. A public facility can also have contractors responsible for particular maintenance or operations.
Adhere to New York City Filing Requirements
Timing is essential when an injury involves New York City or another government entity. Claims against the City aren't handled the same as ordinary premises-liability claims against private property owners.
According to the New York City Comptroller's Office, personal injury and property damage tort claims generally require a Notice of Claim to be served within 90 days of the incident. The Comptroller's Office also explains that a notice of claim generally must be submitted before an action against the City can begin.
Never assume there's unlimited time to investigate an accident. Waiting can make it harder to preserve photographs, locate witnesses, document the condition, or identify the appropriate governmental entity. Early action can help with several parts of a claim:
Preserving evidence: Photos, videos, and other key evidence can document hazardous conditions before they change.
Identifying responsibility: Investigators can review property ownership and maintenance duties while the records remain available.
Reviewing deadlines: Applicable notice and filing requirements can be identified based on the responsible entity.
Documenting injuries: Medical treatment can establish the nature and progression of accident-related injuries.
At The Eskesen Law Firm, we help injured clients assess their slip-and-fall accidents and evaluate their available legal options. Our goal is to help you determine the right steps you should take based on the facts of your case.
Contact Our Experienced New York Personal Injury Attorney for Skilled Guidance
Knowing when to seek legal assistance after a fall on public property often depends on the circumstances of the accident, the severity of the injuries, and who controls the property. Preserving evidence and addressing applicable deadlines early can help protect your ability to pursue a claim.
At The Eskesen Law Firm, our attorney, Frank Eskesen, is dedicated to helping you pursue compensation for injuries caused by hazardous conditions on public property. We can review the circumstances of your injury and discuss your legal options.
Located in New York City, we serve clients throughout Kings County (Brooklyn), Queens County, New York County (Manhattan), Bronx County, and Richmond County (Staten Island). Contact us to schedule a free consultation.
Frequently Asked Questions
What should I do immediately after slipping or falling on public property?
Seek medical attention for your injuries, report the incident when appropriate, photograph the hazardous condition, gather witness information, and preserve medical and accident-related records. Avoid altering or discarding evidence connected to the accident.
Can I file a claim if I fell on a New York City sidewalk?
Yes, you can file a claim if a hazardous condition caused an injury and you meet the applicable legal requirements. New York City has specific notice requirements, including a general 90-day deadline to serve a Notice of Claim, so you will need to act quickly.
What should I bring when discussing a public-property fall with an attorney?
Bring photographs of the accident location and your injuries, medical records and bills, incident or police reports, witness information, insurance correspondence, and any documentation showing lost income or other expenses. Details about where, when, and how the fall occurred can also help us assess your claim. If you're unsure whether a document or detail is relevant, bring it anyway so we can determine whether it could help your case.