How to Report a Slip and Fall Accident in New York

How you report a slip and fall accident in New York depends on where it happened. A fall on private property requires an internal incident report. File it with the property owner right away. A fall on city or government property requires a formal Notice of Claim with the NYC Comptroller within 90 days. Workplace falls go through Workers' Compensation, with a 30-day written notice to your employer.

There is no single universal "slip and fall report form" in New York. The right form, the right party to notify, and the deadline you face all change based on who owns the property where you fell. Get this wrong, or simply wait too long, and you can quietly close the door on an otherwise strong case. The Orlow Firm has handled slip, trip, and fall cases across Queens and New York City for more than 40 years. The most common reason a valid claim fails is a reporting step that was missed or filed late.

The quick-reference table below shows what to file and when, organized by where you fell. The sections that follow walk through each one in detail.

Why Reporting a Slip and Fall Accident in New York Immediately Matters

The single most damaging thing you can do after a fall is nothing. Without an official report, the property owner can later deny the incident ever happened. There is little to contradict them.

An early report locks in the facts that decide cases: the date, the time, the exact location, and the cause of the hazard. It also shows you took the injury seriously from the start. That undercuts a common defense argument: that you only "decided" you were hurt weeks later when a lawyer got involved.

For government property, the stakes are higher because of a hard 90-day deadline. Under General Municipal Law § 50-e, you must serve a Notice of Claim on the city within 90 days of the accident. There is no room to wait and see how your injuries develop.

There is also an evidence clock running. Security camera footage of your fall is often overwritten within 24 to 72 hours. A prompt report is what triggers a preservation request before that video is gone. If you are too hurt to report the fall yourself, someone you trust can report for you. Just get written confirmation that the report was made.

What to Do at the Scene First

Before you worry about which form to file, there are five things to do while you are still at the scene, if you are able.

1. Notify the person in charge. Find the store manager, building superintendent, landlord, security guard, or supervisor and tell them what happened right away. This is the moment the official record begins.

2. Ask for an incident report and get a copy. Most chain stores and managed buildings have an internal incident report procedure. Request the form, make sure it is filled out correctly, and get a copy in your hand before you leave.

3. Document the hazard with photos and video. Capture the exact spot and the cause, such as a wet floor, ice, a broken stair, or a loose tile. Get the lighting and any missing warning signs too. Timestamps matter, so use your phone's camera, which records the date and time on its own.

4. Collect witness information. Get the names and phone numbers of anyone who saw you fall. Outside eyewitness accounts are powerful when the property owner later disputes how the accident happened.

5. Preserve physical evidence. Keep the shoes you were wearing, any torn clothing, and any object involved in the fall in their post-accident condition.

One detail people almost always miss involves cameras. If you see a security camera anywhere near where you fell, point it out in your incident report request. Ask the property owner in writing to save the footage. Businesses routinely overwrite recordings within a few days, and a spoken request rarely survives a busy week. Put it in an email so there is a record that you asked.

Who to Notify After a Slip and Fall, Organized by Property Type

This is where reporting in New York gets specific. Each property type triggers a different form, a different recipient, and a different deadline.

Private Businesses and Commercial Properties

Did you fall in a store, restaurant, mall, office, or other commercial space? Notify the store manager or building supervisor right away. Chain stores have internal incident report procedures, so request the form, complete it, and take a copy.

Follow up in writing afterward. Even a short email to the property manager helps. Summarize what happened to confirm the report was received and create a dated record. There is no set deadline for filing the report itself, but the clock on your right to sue starts the day you fall. Under CPLR § 214, you generally have three years from the date of the accident to file a personal injury lawsuit against a private property owner.

Residential Landlords and Apartment Buildings

If you fell in an apartment building, notify the landlord or property management company in writing. A certified letter or an email creates a dated paper trail that a phone call does not.

Be especially careful to document the exact location if you fell in a common area, such as a hallway, stairwell, or lobby. Landlords have a duty to maintain these shared spaces. Pin down where the hazard was, down to a specific step or a stretch of unlit hallway. That precise record can be the difference in proving the duty was breached.

City-Owned and Municipal Property

Falls on city sidewalks, in parks, on subway platforms, at public schools, and on other city property follow a strict, separate process. You must file a Notice of Claim with the NYC Comptroller's office within 90 days of the accident. This is required by General Municipal Law § 50-e. The deadline is non-negotiable, and missing it bars the claim in most cases no matter how serious the injury.

New York City accepts the Notice of Claim through three channels: the eClaim online portal, personal delivery, or certified or registered mail. Complete the form in Adobe Reader using the current version, because older versions are rejected. Your Notice must include your name and address and the nature of the claim. It must also state the date, time, place, and manner in which the accident happened, plus the injuries or damages you are claiming.

After you file, the city may demand a 50-h hearing. This is a sworn, recorded examination of you by the city's attorney before any lawsuit begins, under General Municipal Law § 50-h. Only you testify, and the transcript can be used at trial. The hearing is effectively mandatory, and skipping it can get your case dismissed. We cover what to expect in our separate guide to the 50-h hearing. After the 50-h, you have until one year and 90 days from the accident date to start the lawsuit, under General Municipal Law § 50-i.

New York State-Owned Property

Falls on state property go through the New York Court of Claims rather than the city. This includes places like a SUNY campus, a state office building, or a state park. Under Court of Claims Act §§ 10 and 11, you file either a Notice of Intention or a verified Claim.

Filing a Notice of Intention within 90 days is optional but strongly recommended. It extends your window to file the actual Claim to two years from the date of injury. The Claim itself must be filed within that two-year period. The required forms are available through the New York Court of Claims.

Workplace Falls

If you slipped and fell on the job, the process runs through Workers' Compensation, not a personal injury lawsuit against your employer. Report the injury to your supervisor right away. Then provide written notice within 30 days, as required by Workers' Compensation Law § 18.

Your employer is then required to file Form C-2F with the Workers' Compensation Board within 18 days of the injury (or within 10 days of learning about it, whichever period is greater). To start your benefits, you file Form C-3, the Employee Claim Form, online or by mail. You should also seek treatment from a provider authorized by the Workers' Compensation Board.

One important point: Workers' Compensation generally bars you from suing your own employer directly. It does not eliminate a separate third-party claim, which is a lawsuit against someone other than your employer. Say a different party caused the dangerous condition, such as a property owner, a contractor, or an equipment maker. You may then have both a Workers' Compensation claim and a personal injury case against that third party. Workers' Compensation claims must be filed within two years under Workers' Compensation Law § 28.

What to Include in Your Slip and Fall Incident Report

Once you have notified the right party, a strong incident report should capture the following:

• The exact date, time, and location, specific enough to be unmistakable ("entrance to the store near register 3 on Queens Boulevard")
• A clear description of the hazard, such as a wet floor, a loose tile, an icy sidewalk, a broken step, or a missing warning sign
• Your injuries at the time, even if you are not yet sure of the full extent. Note what hurts.
• The names and contact information of any witnesses
• What happened right afterward, such as a manager being notified or an ambulance being called

When you write the report, stick to observable facts. Do not guess about why it happened, do not admit fault, and do not downplay your injuries. A casual "I'm fine" or "I wasn't watching where I was going" can be used against you later. Describe what you saw and what hurt, and nothing more.

Gathering Evidence to Support Your Report

The report is paperwork. Evidence is what makes it persuasive. The strongest slip and fall cases are built on a mix of items:

• Timestamped photos and video of the exact hazard, including the angle, the lighting, the surrounding area, and the absence of any warning signs
• The shoes you were wearing, which can counter a later argument that your footwear caused the fall
• Damaged clothing from the incident
• Medical records, visit summaries, and imaging that connect the fall to specific injuries
• Written witness statements or, at minimum, witness contact information
• Maintenance and cleaning logs, which can later be obtained through legal discovery and may show the owner knew about the hazard

The footage point deserves repeating because the window is so short. Surveillance video is frequently overwritten within 24 to 72 hours. Once you hire an attorney, your lawyer can send a litigation hold letter right away. That letter formally demands the property owner save the recording before it disappears.

Slip and Fall Deadlines and Time Limits at a Glance

These are the deadlines that decide whether you have a case at all. Bookmark this section.

Missing the 90-day Notice of Claim deadline for government property permanently bars the claim in most cases. That holds true even when the injuries are severe and the evidence is strong. This is the deadline people regret most.

Common Mistakes to Avoid

• Not reporting immediately. Delay gives the property owner room to deny the incident ever happened.
• Giving only a verbal report. Always get something in writing. Paper trails win disputes; spoken conversations evaporate.
• Admitting fault or downplaying injuries. "I wasn't watching" and "I'm fine" are routinely used against injured people later.
• Leaving without a copy of the incident report. Without your own copy, you have no proof of what was recorded.
• Omitting key details. A report that skips the cause, the precise location, or witness names is far weaker than one that includes them.
• Missing the 90-day Notice of Claim deadline for government property.
• Assuming a police report is enough. A police report is not a substitute for a Notice of Claim and does not preserve your rights against a city.
• Giving a recorded statement to an insurance adjuster without legal counsel. These calls are designed to get answers that reduce what you can recover.

What Happens After You File

Once your report or claim is in, a predictable sequence usually follows. The property owner or government agency runs an internal review. That can include pulling video, inspecting the site, and interviewing staff. An insurance adjuster will contact you, and these conversations are designed to limit the company's liability. Be cautious about what you say.

Meanwhile, your own medical treatment continues. Keep every record, bill, and receipt, because those documents determine the value of your damages. For NYC government claims, a 50-h hearing demand may arrive. The insurer may also float an early settlement offer, and early offers are typically far below what a case is actually worth. If no fair resolution is reached, the next step is a personal injury lawsuit or, for state property, a Court of Claims action.

Proper reporting carries real weight. Consider a case our firm handled in which a client fell on a badly damaged city sidewalk and needed back and ankle surgery. The city-owned hazard was reported and the Notice of Claim filed correctly and on time. The case was able to proceed and resulted in a $1,500,000 recovery. Prior results do not guarantee a similar outcome. The point is not the number. It is that none of it would have been possible if the 90-day deadline had been missed.

Frequently Asked Questions

Do I need to call the police after a slip and fall in New York?

Not usually. Call 911 only if the injury needs emergency care. A police report is helpful documentation, but it is not required and is never a substitute for a Notice of Claim against a government property. The NYC slip and fall reporting steps in this guide are what actually protect your legal rights.

Is an incident report the same as a legal claim?

No. An incident report documents the facts: what happened, where, when, and how. A legal claim is the formal action that seeks compensation — a Notice of Claim, a Court of Claims filing, or a lawsuit. Filing one does not file the other. They are completely separate documents.

What if I didn't report the fall right away?

Report it as soon as you can, even if days have passed. Delay weakens a case but does not automatically end it, and statutory deadlines may still be open. The bigger risk is letting a hard deadline pass, especially the 90-day slip and fall notice of claim requirement for government property. Speak with an attorney quickly so no remaining deadline slips past.

Can I report a slip and fall anonymously?

No. A valid incident report or claim requires your name and contact information so the property owner or agency can identify the incident and respond. An anonymous report carries little legal weight and cannot support a later claim.

What if the property owner refuses to fill out a report?

Document your attempt in writing — send an email or certified letter describing the fall, note that you requested a report and it was refused, and gather your own evidence. A refusal does not end your rights. The written record of your request can become useful evidence when you later pursue a slip and fall claim in New York.

Does a building code violation help my slip and fall case?

Yes, significantly. Violations such as missing handrails, inadequate lighting, or surfaces that lack required non-skid treatment are strong evidence of negligence. When the hazard that caused your fall also violated a building code, that violation helps show the property owner failed to meet a legal standard of care.

Can I still recover if I was partly at fault?

Yes. New York follows pure comparative negligence under CPLR § 1411. Even if you were partly responsible, you can still recover compensation reduced by your percentage of fault. If you are found 20 percent at fault, you can still recover 80 percent of your damages.

How long does a slip and fall case take to resolve in New York?

It depends on the property type and injury complexity. Straightforward private property cases may resolve in roughly 6 to 18 months. Cases involving government property take longer due to the Notice of Claim process and a possible 50-h hearing. Cases that go to trial take longer than those that settle.

Sources & Official Resources

New York State Laws Cited

1. General Municipal Law § 50-e — Notice of Claim Filing Requirement
2. General Municipal Law § 50-h — Examination of Claimant
3. General Municipal Law § 50-i — Time to Commence Action Against Municipality
4. CPLR § 214 — Three-Year Statute of Limitations
5. CPLR § 1411 — Comparative Negligence (Pure)
6. Court of Claims Act § 10 — Claims Against the State; Filing Deadlines
7. Workers' Compensation Law § 18 — Notice of Injury to Employer
8. Workers' Compensation Law § 28 — Two-Year Filing Deadline

Official Filing Portals 9. NYC Comptroller eClaim Portal — File a Notice of Claim 10. New York Court of Claims — Forms

Workers' Compensation Forms 11. WCB Form C-2F — Employer's First Report of Work-Related Injury/Illness 12. WCB Form C-3 — Employee Claim Form (Online)

Contact The Orlow Firm

Knowing how to report a slip and fall accident in New York correctly can be the difference between a successful claim and one that never gets off the ground. That is especially true when a city or government property is involved and a 90-day deadline is ticking. Maybe you are unsure which form to file, worried about a deadline, or already hurt and feeling pressure from an insurance adjuster. You do not have to sort it out alone. The Orlow Firm has helped injured people throughout Queens and New York City for more than 40 years. We will identify the right forms and the right party to notify for your specific situation.

Call (646) 647-3398 for a free, no-obligation consultation. We work on contingency, so you pay nothing unless we win.

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