Where to File in New York
New York applies a general negligence standard to premises liability that largely collapses the traditional invitee/licensee distinction. Under Basso v. Miller (1975), New York adopted a single standard of reasonable care for all lawful entrants. Property owners must maintain premises in a reasonably safe condition and have a duty to warn of or repair known dangerous conditions, as well as conditions they should have discovered through reasonable inspection. Trespassers are owed only a duty to refrain from reckless or intentional conduct. The storm in progress rule provides a defense shielding owners from liability for slipping accidents during an ongoing storm.
New York's statute of limitations for personal injury is three years from the date of injury under CPLR § 214(5). Claims against New York municipal entities—including New York City, counties, and public authorities—require strict compliance with General Municipal Law § 50-e, which mandates filing a Notice of Claim within 90 days of the incident. The notice must specify the nature of the claim, the time, place, and manner in which the injury occurred, and the injuries and damages claimed. Failure to file a timely Notice of Claim is typically fatal to a municipal claim, though courts have discretion to grant leave to file a late notice under GML § 50-e(5).
New York follows pure comparative fault under CPLR Article 14-A. A plaintiff may recover damages regardless of their percentage of fault, with damages reduced proportionally. Defendants routinely argue contributory negligence in slip-and-fall cases based on the plaintiff's inattentiveness, distraction by a mobile device, or failure to heed warning signs. Joint and several liability applies in New York for economic damages when a defendant is more than 50% at fault; for non-economic damages, liability is several-only (proportionate) per CPLR § 1601.
New York City's Administrative Code § 7-210 shifted liability for sidewalk defects from the City to abutting landowners for injuries caused by a property owner's failure to maintain the sidewalk in a reasonably safe condition. This provision creates substantial liability exposure for residential and commercial property owners alike. The storm in progress rule remains a powerful defense: a property owner's duty to remove snow and ice is not triggered until a reasonable time after a storm has ended. Post-storm conditions and weather records are key evidence in winter slip-and-fall cases throughout New York State.
Your Legal Team
Rachel Okonkwo
Senior Partner
New York, NY
Rachel Okonkwo has built a 22-year career representing slip and fall victims in New York courts, with particular expertise in municipal liability claims — cases involving city sidewalks, subway platforms, parks, and government buildings. Her deep familiarity with New York's notice of claim requirements under General Municipal Law § 50-e has helped hundreds of clients preserve rights that would otherwise have been forfeited by a missed 90-day deadline. Rachel's practice spans from Bronx jury trials — where she has obtained seven-figure verdicts in premises liability cases — to negotiated settlements with the New York City Law Department. She has recovered over $120 million for injured clients across her career.
Education
- J.D., Fordham University School of Law (2004)
- B.A., Political Science, CUNY Baruch College (2001)