Personal Injury
Slip and Fall
A fall is not automatically someone else’s fault. You usually have to show the owner caused the hazard, or knew about it and did nothing. The rules change sharply when the property belongs to a city, town, or state. Here is how the rules work in each state we cover, and the notice deadlines that can end a public property claim in just 90 days.
4States Covered
Articles
What the Rules Actually Cost You
How long you have, and what you must prove
New York
CPLR 214(5) · GML 50-e
3 yearsto sue a private property owner
90daysNotice of claim to
a city or public body
THEN
a city or public body
1 yearand 90 daysTo sue the public
body after notice
body after notice
Fault ruleStill pure comparative. Being partly at fault reduces the award but never bars it
ProofThe owner must have created the hazard or had actual or constructive notice of it
SidewalksIn NYC, most building owners must maintain the sidewalk in front of their property
The city itself usually needs prior written notice of a defect before it can be liable
Connecticut
Conn. Gen. Stat. § 52-584 · § 13a-149
2 yearsto sue, from the date of injury
90daysWritten notice to a town
for a defective sidewalk
THEN
for a defective sidewalk
2yearsTo sue the town
under § 13a-149
under § 13a-149
Outer limit3 years from the negligent act itself, even if the injury surfaces later
Fault ruleModified comparative. 51 percent at fault and you recover nothing
Self-serviceIn self-service stores, the mode of operation rule can replace proof of notice
Against a town, the defective highway statute is the only remedy, and the notice must be precise
New Jersey
N.J.S.A. 2A:14-2 · 59:8-8
2 yearsto sue, from the date of the fall
90daysNotice of claim to
a public entity
THEN
a public entity
$3.6kmedical thresholdPlus permanent injury for
pain and suffering
pain and suffering
SidewalksCommercial owners must maintain abutting public sidewalks. Homeowners generally need not
Public entityLiable only if its failure to fix the condition was palpably unreasonable
Fault ruleModified comparative. 51 percent at fault and you recover nothing
Late notice is possible within one year, but only by court order for extraordinary circumstances
Florida
Fla. Stat. § 768.0755 · § 95.11
2 yearsto sue, cut from four in 2023
3yearsWritten claim to
a public agency
THEN
a public agency
$200kper personCap on recovery
from the agency
from the agency
Notice ruleIn a business, you must prove the owner knew or should have known of the substance
ConstructiveShown by how long the hazard sat there, or by a pattern of it recurring
Fault ruleModified comparative since 2023. More than 50 percent at fault and you recover nothing
Photograph the floor before anyone cleans it. How long a spill sat is often the whole case
Latest on Slip and Fall
New slip and fall articles are on the way.
Where Did You Fall?
Fell on a New York City sidewalkNY · Who owns the sidewalk decides who pays
Hurt on a town sidewalk in ConnecticutCT · The 90-day defective highway notice
Fell on public property in New JerseyNJ · Tort Claims Act notice and threshold
Slipped on a spill in a Florida storeFL · Proving the store knew
Deadlines That End Cases
New York lawsuit3 years
New Jersey lawsuit2 years
Connecticut lawsuit2 years
Florida lawsuit2 years
NY public notice90 days
CT town sidewalk notice90 days
NJ public notice90 days
Falls on ice and snow often turn on when the storm ended and how long the owner had to clear it. Ask early.
After a Fall Checklist
Photograph the exact spot, the hazard, and your shoes before anything changes
Report the fall to the owner or manager and get a copy of the incident report
Get names and phone numbers of anyone who saw it happen
Ask in writing, right away, that surveillance video be preserved
Keep the shoes and clothing you were wearing
Get medical care now and tell the provider exactly how you fell
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