Annually, the City of New York spends substantial amounts to settle personal injury claims, including slip-and-fall cases. In Fiscal Year 2023, the city paid out approximately $739.6 million in tort claims, which encompass personal injury and property damage claims (New York City Comptroller’s Office).

Slip-and-fall incidents contribute significantly to these expenditures. For example, sidewalk-related personal injury claims frequently result in costly settlements, with the city allocating millions annually to resolve such cases. In Fiscal Year 2023, the city resolved 13,741 claims and lawsuits, reflecting the significant caseload these incidents impose on the judicial system (New York City Comptroller’s Office).

Settlements for similar injuries on private property can also be substantial. In New York, slip-and-fall claims often result in sizable compensation depending on the severity of injuries and circumstances, as outlined in general premises liability guidance

Beyond direct financial costs, NYC taxpayers bear additional burdens, including expenses for emergency response and medical treatment through public hospitals and Medicaid reimbursements. Medicaid often asserts liens on personal injury settlements to recover costs of care provided to injured individuals (Medicaid.gov).

Addressing the prevalence of slip-and-fall incidents is crucial to alleviating financial and systemic pressures on New York City.

Scope of the Problem

This article examines the scope of the slip-and-fall injury problem in NYC from a broad perspective. Some key points to consider include:

• Informational Context: Understanding the causes of slip-and-fall injuries and why they are particularly problematic in NYC.
• Instructional Guidance: Highlighting possible preventative measures to reduce such incidents.
• Comparative Insight: Examining the legal implications of premises liability injuries, such as slip-and-falls.

Understanding the Basic Components of a Slip-and-Fall Accident

Generally, a slip-and-fall injury is not truly an “accident.” As outlined below, property owner negligence, which is essentially a lack of care, is usually the cause of these incidents. If a public or private property owner negligently maintains their property, injury victims may be entitled to substantial compensation in court (FindLaw).

Specifically, hazardous property conditions are typically responsible for slip-and-fall injuries. Common hazardous conditions include uneven walkways, slippery surfaces, poorly-lit walkways, and obstructed pathways (Justia).

These incidents often result in catastrophic (life-threatening) injuries, particularly if the victim is physically vulnerable, such as an individual with advanced age or a pre-existing medical condition. Such injuries may lead to costly medical bills and long-term recovery (Centers for Disease Control and Prevention (CDC)).

Special Slip-and-Fall Issues in NYC

In many parts of the country, slip-and-fall incidents, especially those occurring outdoors, are not a significant concern. However, New York City presents unique challenges that exacerbate these incidents.

• Excessive Foot Traffic: New York City attracts over 62 million visitors annually. These individuals navigate crowded sidewalks and frequently move in and out of unfamiliar buildings. The sheer number of pedestrians also makes it difficult for employees to spot property hazards, which may lead to increased incidents (NYC & Company).
• Severe Weather: NYC experiences high winds, freezing temperatures, and considerable precipitation for about six months each year. In fact, New York City saw its first measurable snow of the 2024 season in December, and such weather conditions can make outdoor walkways hazardous (New York Post).

Compounding these issues, the NYC Department of Buildings notes that many private and commercial structures lack the latest pedestrian safety measures. In addition, safety features that were once effective may have become worn down or degraded over time, further increasing the risk of accidents (NYC Department of Buildings).

Legal Framework of Slip-and-Fall Claims

The legal principle of negligence is grounded in the moral principle of the Good Samaritan, who went out of his way to assist an injured traveler. Similarly, property owners must take proactive steps to prevent injuries on their premises.

Duty of Care

Under both state and city laws, individual public and private property owners must properly maintain outdoor walkways, such as sidewalks, directly adjacent to their buildings so they are safe for all users.  Historically, the level of responsibility varied depending on the relationship between the injury victim and the property owner.  Today, the legal duty to maintain your property in a reasonably safe condition applies regardless of your relationship to the owner.

Knowledge of Hazard

Property owners are legally responsible for slip-and-fall damages if they knew, or should have known, about the injury-causing hazard.

Maintenance reports that point out injury hazards, prior complaints about such hazards, and prior injuries usually establish actual knowledge. These cases merit special attention among owners because compensation is typically higher in these cases. Quite simply, owners who ignore such warning signs may appear callous, and jurors tend to view them unfavorably (FindLaw).

Sometimes, the “time-notice rule” establishes constructive knowledge (should have known). For instance, imagine a banana peel on the floor. If the peel is yellow, it most likely just fell, so the owner may not be liable for damages. However, liability likely attaches if the peel is brown or black, indicating it has been there for some time (Justia).

Additionally, owners have a duty to put two and two together. Assume that ABC’s owner knows about a depression on a sidewalk where water collects. If the weather forecast calls for freezing rain, ABC could be legally responsible for a slip on that ice patch, even though no employee actually saw the ice (Legal Information Institute).

How Slip-and-Fall Injuries Affect Public Resources

The recent COVID-19 pandemic exposed the fragile nature of New York City’s public health and safety infrastructure. Additionally, slip-and-fall injuries are a consistent issue among NYC’s elderly population. Almost half of nursing home residents experience fall-related injuries each year. Given the city’s growing elderly population and the strain this places on resources, this statistic is nothing short of alarming.

Incidents and Public Safety Impacts

A slip-and-fall 9-1-1 call usually prompts an “all hands on deck” response. Within moments of that call, multiple law enforcement personnel and other first responders arrive to secure the scene and assist injured victims.

The responding agency may ultimately be reimbursed for that expense. For example, negligent property owners are typically responsible for all injury-related medical bills, including transportation expenses. However, this reimbursement, if available, does not change the fact that these responders were unable to assist other people in need at the time of the incident (Justia).

Crumbling infrastructure and winter weather contribute not only to the risk and severity of slip-and-fall injuries but also extend response times, increasing the opportunity cost of emergency responses. Simple precautions, such as timely snow and ice removal, salting surfaces, and displaying adequate warning signage, significantly reduce these risks and costs (OSHA – Snow Removal).

Injuries and Public Health Problems

Slip-and-fall injuries directly contribute to public health problems in NYC, mostly due to the strain these injuries place on the public health system:

• Broken Bones: Typically, slip-and-fall-related broken bones do not fully heal. As a result, less active and less mobile victims are at greater risk for a subsequent fall. Subsequent fall victims almost always require time in a long-term care facility, and a significant number of these individuals cannot subsequently live independently. This increased care requirement places significant strain on healthcare resources (Centers for Disease Control and Prevention).
• Brain Injuries: Similar to broken bones, brain injuries are permanent, as dead brain cells do not regenerate. As a result, brain injury victims often need ongoing medical care, placing an additional burden on an already strained healthcare system.
• Emotional Injuries: Many fall victims become so afraid of falling again that they essentially withdraw from society. This inactivity not only increases the risk of future falls but also leads to depression and other mental health issues that the healthcare system, as well as family members, struggle to manage (National Institute of Mental Health (NIMH)).

Property owners should not breathe a sigh of relief if injury victims do not immediately seek medical treatment. Adrenaline frequently masks pain, and many victims do not “feel” hurt, but they may still be seriously injured. Timely medical attention is crucial to preventing long-term complications (CDC – Injury Prevention).   Even if the injury victim receives medical care long after an injury, a medical doctor can relate the treatment to the incident.

All New York City property owners ultimately share these costs, through higher taxes and insurance premiums.

Consequences of Slip-and-Fall Claims to the Legal System

When an excess number of slip-and-fall claims go to court, everyone suffers. These cases are time-consuming, and litigants in these cases, as well as those in other cases, experience additional frustrating delays. Furthermore, these claims usually involve multiple parties—victims, property owners, and insurance companies—which adds complexity and drives up the costs of legal matters (FindLaw).

On the plus side, court verdicts often have a deterrent effect, as these matters are public record and the results are broadcast to the public. However, this deterrent effect often does not make up for the lost time and money that accompany slip-and-fall claims.

Prevention Strategies for Slip-and-Fall Injuries in Public Spaces

Regular property inspections, especially during busy tourist seasons, may be the best way to prevent outdoor slip-and-falls. Designating an employee to perform such inspections and follow up as necessary can be an additional cost. However, this cost is lower than the cost of a liability judgment. As risk management expert Annabel Lewis points out, “A sound maintenance program for sidewalks and entrances, coupled with real-time weather monitoring, can reduce slip and fall claims by up to 50 percent in urban centers.”

Prompt maintenance is essential as well. Do not delay repairs and upkeep, such as plugging leaks and changing burned-out lightbulbs. Such maintenance is particularly necessary in places like nursing homes, which tend to have a high number of elderly visitors. In fact, slip-and-fall injuries in nursing homes often result in serious long-term consequences for elderly residents (Centers for Disease Control and Prevention (CDC)).

Liberal use of warning signs can also help. As mentioned earlier, merely warning an invitee does not satisfy the full duty of care. However, a well-placed warning sign makes the assumption of risk—a key legal defense in slip-and-fall claims—much easier to prove.

Briefly, assumption of risk often drastically reduces the amount of a liability judgment. The defendant must prove that the victim saw the sign, could read it, and understood its meaning. This defense can be a key factor in reducing liability in such cases (Justia).

Property owners should also take proactive measures to prevent slip-and-fall injuries. Upgrade exterior lighting, especially in areas like parking lots and stairwells. Additionally, property owners should prepare for winter weather by stocking up on shovels, salt, de-icing chemicals, and other such tools (OSHA – Snow Removal).

Solutions in Action: Winter Weather and Slip-and-Fall Risks in NYC

The winter of 2021-22 was particularly harsh in New York City. Several large, dangerous snowstorms hit the area hard. Complaints of snowdrifts on sidewalks increased significantly, and slip-and-fall injury claims rose accordingly.

New Yorkers responded to the challenge. Several community organizations conducted aggressive public awareness campaigns to warn people of the danger. Additionally, some groups provided resources for property owners, such as free salt distribution. Snowdrift complaints and slip-and-fall injury claims dropped noticeably in these areas (The New York Times).

Other northern cities faced similar challenges during that winter. Their solutions offer valuable lessons for NYC stakeholders:

• Chicago: Chicago businesses face heavy fines if they fail to properly maintain sidewalks, specifically failing to timely remove snow and ice. Additionally, the city aggressively enforces these ordinances (Chicago Tribune).
• Boston: Boston officials have focused on infrastructure upgrades. Citywide sidewalk repair projects have significantly reduced the number of slip-and-fall hazards, mostly uneven walkways and potholes.

The takeaway is clear: NYC’s slip-and-fall problem is indeed daunting. But this problem is not unsolvable and is not unique. If other municipalities have successfully reduced these dangers, NYC can do so as well.

Key Slip-and-Fall Prevention Stakeholders in NYC

Property managers and owners have a legal and moral responsibility to ensure that sidewalks and other walkways are safe and passable. They also have a legal and moral obligation to properly address any dangerous conditions in these areas (FindLaw).

Municipal agencies also play a crucial role. The NYC Department of Transportation (DOT) sets and enforces sidewalk safety standards and snow/ice removal deadlines. This authority also oversees public spaces, such as subway entries and exits, and is responsible for citing property owners who violate these standards and regulations (NYC DOT).

Despite the best efforts of these stakeholders, some slip-and-fall incidents are inevitable. Victims must take it upon themselves to seek medical attention and secure legal representation.

For their part, healthcare providers should offer designated injury treatment and physical rehabilitation services for fall injury victims. Many fall-related injuries, such as head injuries, are difficult to diagnose and treat. Busy general ER doctors may not have sufficient expertise in these areas. Later, during physical therapy, patients often progress in fits and starts, especially if they’re over 65 (National Institutes of Health (NIH)).

Frequently, personal injury attorneys have the most difficult role of all. They must pull it all together. Attorneys advocate for victim-friendly laws that raise awareness of the problem, connect victims with necessary medical help, and most importantly, advocate for victims in the judicial process to obtain fair settlements based on the injuries, legal theories involved, and relevant laws and codes (American Bar Association).

Five Fast FAQs About Slip-and-Fall Injuries in NYC

How many slip-and-fall accidents happen in NYC each year?

It is difficult to determine the exact number of slip-and-fall injuries, as many hospitals do not have specific slip-and-fall admissions codes, and many victims are treated and released in emergency rooms without a formal record. However, we do know that slip-and-falls are the leading cause of injury-related hospitalizations in NYC.

How much do slip-and-fall accidents cost NYC taxpayers?

A significant amount. In addition to the $1 billion in settlements, NYC taxpayers spend over $100 million annually in direct costs, which include legal fees, medical expenses, and lost productivity from slip-and-fall incidents (New York City Comptroller’s Office).

What are the most common causes of slip-and-fall accidents in NYC?

Preventable hazards, such as uneven walkways, slippery surfaces, poor lighting, snow/ice buildup, and pathway obstructions, are the most common causes of slip-and-fall injuries in NYC. Property owner negligence is the common denominator among these causes.

Are property owners liable for slip-and-fall accidents in NYC?

Yes, property owners are liable if they have a duty of care to maintain a safe environment, or if city codes, such as NYC’s Administrative Code § 7-210 (which mandates the safe maintenance of sidewalks), impose such a duty on them. Additionally, a personal injury attorney must typically prove that the owner knew about, or should have known about, the injury-causing hazard (NYC Administrative Code).

How can I prevent slip-and-fall accidents on sidewalks?

Simple steps, such as regular inspections, prompt follow-ups, and adequate signage, can reduce the number of slip-and-fall injuries in NYC. Proactive measures, like installing non-slip surfaces and upgrading lighting, are even more effective. Non-property owners also play a role by advocating for victims and raising awareness of the problem (Centers for Disease Control and Prevention (CDC)).

Five Fast Takeaways

Slip-and-fall injuries are not unavoidable accidents. Property owner negligence is the primary cause of most NYC slip-and-falls, with contributing factors including high foot traffic levels and outdated pedestrian infrastructure.

These injuries cost New Yorkers hundreds of millions of dollars annually through higher taxes and insurance premiums, covering medical treatment, emergency response, lost productivity, and personal injury settlements.

Generally, public and private property owners are liable for significant damages in these cases. Compensation typically includes economic losses, such as medical bills, and non-economic losses, such as pain and suffering.

Proactive measures can significantly reduce the risks and costs, especially for outdoor slip-and-fall injuries. These measures include making thorough winter weather preparations, having the right tools available (such as warning signs), performing regular inspections, and promptly removing fall injury hazards.

Reducing the number of slip-and-fall injuries requires a joint effort from property owners, city officials, lawyers, and community advocates.

Five-Point Property Owner Checklist

Assume that at least one person will slip and fall on your property this winter, and plan accordingly:

• Upgrade infrastructure, including lighting and walkways.
• Schedule frequent inspections and establish protocols for promptly addressing fall injury hazards.
• Use warning signs with American National Standards Institute (ANSI)-approved information and graphics.
• Carefully document all slip-and-fall incidents, whether or not the injury results in immediate hospitalization.

Do You Want to Know More?

Working together, concerned citizens, landlords, property owners, and other stakeholders can make winter streets safer for NYC residents and visitors. If you have been injured in a slip and fall accident contact the experienced personal injury lawyers at Dansker & Aspromonte Associates, LLP. for a free consultation. We routinely handle premises liability matters throughout the New York City metropolitan area.