Slip and fall claims in Queens
Property owners in New York owe people who come onto their property a duty of reasonable care. When that duty is ignored and someone is hurt, the owner can be responsible.
In Queens that covers a wide range of buildings and conditions: prewar walk-ups in Astoria and Sunnyside, apartment buildings in Flushing and Jamaica, supermarkets and retail floors, parking lots, and the sidewalks that run past all of them.
Notice is usually the fight
These cases generally turn on notice. To hold a property owner responsible, it usually must be shown either that the owner created the dangerous condition, or that the owner knew about it, or that the condition existed long enough that the owner should have discovered and corrected it.
That is why evidence gathered early matters so much: photographs, incident reports, prior complaints, maintenance and cleaning records, and surveillance footage that many businesses overwrite within days or weeks.
Sidewalks in Queens
New York City has its own rule. Under Administrative Code section 7-210, the responsibility to maintain the sidewalk abutting most properties, and liability for failing to do so, sits with the adjoining property owner rather than the City. There are exceptions, including for certain smaller owner-occupied residential properties, where responsibility can remain with the City. Queens has a great deal of exactly that kind of housing, so which rule applies is one of the first things we determine, and it changes who the claim is against.
Deadlines
Three years generally applies under CPLR 214. If the claim is against the City of New York, a public authority, or a housing authority, a notice of claim generally must be served within 90 days under General Municipal Law section 50-e, and missing it can end the claim before it begins.
Frequently asked questions
When is a property owner responsible for a slip and fall in Queens?
A property owner may be responsible when a hazardous condition caused your fall and the owner created it, knew about it, or should have discovered and corrected it. These cases usually turn on notice.
Who is responsible for the sidewalk in Queens?
Under Administrative Code section 7-210, the owner of the property next to most New York City sidewalks is responsible for maintaining it and can be liable for a fall caused by failing to do so. Certain smaller owner-occupied homes are an exception, where responsibility can remain with the City.
How long do I have to file a slip and fall claim?
Most premises claims must be started within three years under CPLR 214. If the claim is against the City, a public authority or a housing authority, a notice of claim is generally due within 90 days under General Municipal Law section 50-e.
