What to Do After a Slip and Fall in New York (Step-by-Step Attorney Guide)

By Vincent C. Loiodice, Attorney at Law

Slip and fall accidents happen fast — one moment you’re walking, and the next you’re on the ground in pain, confused, and unsure what to do next. In New York, how you handle the moments after a fall can make or break your entire injury claim.

As an injury attorney handling slip and fall, trip and fall, and premises liability cases, here is a clear, step-by-step guide on exactly what to do to protect your rights and strengthen your case.

🧭 Step 1: Report the Accident Immediately

Whether you fell in a:

• supermarket

• apartment building

• retail store

• restaurant

• sidewalk

• parking lot

• government property

Report the incident right away.

Ask for an incident report and make sure your version of what happened is included.
Do NOT assume the property owner will document it accurately — they often downplay or distort facts.

📸 Step 2: Take Photos and Video of the Hazard

This is one of the MOST important steps.

Photograph:

• The exact spot where you fell

• The hazard (water, ice, uneven sidewalk, broken step, debris, spilled liquid)

• Lack of warning signs

• Lighting conditions

• Surveillance cameras in the area

• Your injuries

• Your clothes (wet spots, dirt, blood)

In NY, hazards are often cleaned up quickly — and without proof, property owners deny everything.

👀 Step 3: Look for Witnesses

Witnesses are powerful in slip and fall cases.

Ask for:

• Names

• Phone numbers

• Statements (even a short note helps)

If employees saw the fall, note who and what they said — these admissions matter later.

⏱ Step 4: Get Medical Attention Right Away

Even if you “feel okay,” symptoms often worsen hours or days later.

Go to:

• ER

• Urgent care

• Your primary doctor

Tell the doctor exactly how the fall happened and describe all pain — don’t minimize it.

Medical records create a critical timeline that links your injuries to the accident.

📝 Step 5: Document Everything

Keep a log of:

• Pain levels

• New symptoms

• Missed work

• Out-of-pocket expenses

• How injuries affect daily life (walking, sleeping, working, lifting)

This becomes powerful evidence for pain and suffering.

⚠️ Step 6: Do NOT Speak to the Property Owner’s Insurance Company

They will:

• Ask leading questions

• Try to blame YOU

• Twist your words

• Push for a quick, low settlement

• Claim you weren’t paying attention

You are not required to give them a statement.
Let your attorney handle all communication — it protects you.

📚 Step 7: Understand How New York Law Determines Fault

To win a slip and fall case in New York, you must prove:

1. A dangerous condition existed

2. The property owner knew or should have known about it (notice)

3. They failed to fix it or warn you

4. The hazard caused your injury

Examples of conditions property owners are responsible for:

• Wet supermarket floors with no sign

• Snow/ice not cleared within a reasonable time

• Broken or uneven steps

• Loose mats or rugs

• Cracked sidewalks under building responsibility

• Leaks that were ignored

• Poor lighting causing visibility issues

If the owner had actual or constructive notice, you likely have a strong case.

⚖️ Step 8: Contact an Experienced New York Slip & Fall Attorney

Slip and fall cases are not simple — insurers and property owners fight them aggressively.

An attorney helps you:

• Preserve evidence before it’s destroyed

• Obtain surveillance footage

• Get maintenance records

• Identify responsible parties

• Prove notice

• Handle all insurance communications

• Fight for full compensation

This is especially crucial if you suffered:

• Broken bones

• Back or neck injuries

• Concussions

• Torn ligaments

• Hip injuries

• Knee injuries

• Long-term pain

You deserve someone who fights for your rights.

🏆 Final Thoughts: Protect Your Health and Your Case

A slip and fall can change your life — but the steps you take immediately afterward can protect your legal rights and maximize your compensation.

If you or a loved one were injured in a slip and fall in New York, don’t handle it alone.
A quick consultation can make all the difference.