Legal Guide — Premises Liability

First 24 Hours After a Slip and Fall on Long Island

A step-by-step guide to protecting your health and legal rights after a slip and fall, trip and fall, or premises liability injury anywhere on Long Island. Written by Jason Tenenbaum, Esq.

Updated: 2026-04-04 · Reviewed by Jason Tenenbaum, Esq. · Nassau & Suffolk County, NY

Quick answer: slip and fall first steps

After a fall: report it, photograph it, get medical care within 24 hours, and call a lawyer within 48 hours so evidence can be preserved before it is destroyed.

·Private property: 3-year lawsuit deadline (CPLR §214)
·Government property: 90-day Notice of Claim deadline (GML §50-e)
·Surveillance footage: overwritten in ~30 days — act fast

8 Steps to Take in the First 24 Hours

Report the accident to the property owner immediately

Before leaving the premises, notify the manager, owner, or supervisor. Ask them to complete an incident report and request a copy or the report number. This creates an official record on the property's end.

Document the hazardous condition before it is removed

Photograph the exact hazard that caused your fall — wet floor, broken step, missing handrail, icy patch — plus the surrounding area showing lighting and any posted (or absent) warning signs. Video walkaround if possible.

Collect witness information

Get names and phone numbers of anyone who saw the fall or observed the hazardous condition before you fell. Employee names are also important — they may have cleaned the area or known about the hazard.

Seek medical evaluation within 24 hours

See a doctor even if you feel only minor pain. Document all symptoms and tell your physician exactly what happened and where. This medical record becomes key evidence linking the fall to your injuries.

Note surveillance camera locations

Look for security cameras in the area and note their positions. Surveillance footage showing the fall and the condition before it is powerful evidence — but it is typically overwritten in 30 days.

Do not give a recorded statement to the property's insurer

The property owner's insurance company may contact you quickly. Do not give a recorded statement without consulting an attorney. Early statements can be used to minimize your claim.

Check whether the property is government-owned (90-day deadline)

If you fell on a public sidewalk, park, school, or government building, you must file a Notice of Claim within 90 days under General Municipal Law § 50-e. This short deadline applies even if the standard lawsuit deadline is three years.

Consult a Long Island slip and fall attorney

Contact a premises liability attorney within 24–48 hours so they can send preservation letters before evidence is destroyed. The Law Office of Jason Tenenbaum, P.C. offers free consultations. No fee unless we win.

Why Evidence Preservation Is the Most Critical First Step

Slip and fall cases in New York are notoriously difficult to win because the plaintiff must prove the property owner had notice of the hazardous condition. The best evidence of notice — how long the hazard existed, whether it was a recurring problem, what maintenance records show — disappears quickly.

Surveillance footage showing the spill, hole, or icy patch in the minutes or hours before your fall is often the most powerful evidence in a premises liability case. Most commercial properties overwrite footage on a 15–30 day loop. Once it is gone, it is gone. Sending a legal preservation letter to the property owner and their insurer within 48 hours of the accident is standard practice in our office for every slip and fall case.

The 90-Day Government Deadline — A Critical Trap for Long Island Accident Victims

Long Island is full of public property — sidewalks maintained by the Town of Hempstead, Nassau County parks, Suffolk County community colleges, LIRR stations, and state highways. If your slip and fall occurred on any government-owned or government-maintained property, you must file a Notice of Claim within 90 days of the accident under General Municipal Law Section 50-e.

This 90-day deadline is an absolute bar. Courts routinely dismiss claims against government entities — even those involving catastrophic injuries — because the accident victim did not know about the 90-day rule and waited too long. An attorney can file the Notice of Claim on your behalf within days of being retained. Do not wait.

What Property Owners Must Prove to Defeat Your Claim

Under New York premises liability law, to succeed on a slip and fall claim you generally must prove:

The property owner owed you a duty of care (they did if you were a lawful visitor)
A hazardous condition existed on the property
The owner had actual or constructive notice of the hazard
The hazard caused your fall and resulting injuries
You suffered compensable damages

Property owners and their insurers fight hardest on the notice element — arguing they didn't know about the hazard and had no reasonable way to discover it. Evidence gathered at the scene, combined with maintenance records and inspection logs, is what overcomes this defense.

Common Long Island Slip and Fall Locations

Grocery stores and supermarkets — wet floors from leaks, spills, or mopping without adequate drying time or signage
Shopping centers and malls — Roosevelt Field, Broadway Commons, Sunrise Mall — wet entrances, uneven parking lots
Sidewalks and public walkways — cracked, raised, or sunken pavement; snow and ice accumulation after storms
Apartment buildings and rental properties — broken steps, defective handrails, poorly lit stairwells
Restaurants and bars — spilled drinks, wet kitchen floors tracked into dining areas
Nursing homes and hospitals — wet floors near nursing stations; inadequate assistance for residents
Construction sites — public access areas adjacent to active construction; debris, uneven surfaces

Injured in a Slip and Fall on Long Island?

Call Jason Tenenbaum, Esq. for a free consultation. Evidence preservation letters are sent within 24 hours of your call. No fee unless we win.

(516) 750-0595 Online Consultation

Slip and Fall Questions — Answered

What is the first thing I should do after a slip and fall accident on Long Island?

Report the accident to the property owner or manager immediately — before you leave the premises. Ask for the incident report number and request a copy. This creates an official record that the accident occurred on the property and when. If you fell in a store, restaurant, or other commercial venue, the manager may complete an incident report. Photograph everything before the hazard is cleaned up or removed: the wet floor, the broken stair, the missing handrail, the icy patch. If you need emergency care, go first — but return to document as soon as possible, or send someone on your behalf.

How long do I have to file a slip and fall lawsuit in New York?

Under CPLR Section 214, you generally have three years from the date of your injury to file a personal injury lawsuit against a private property owner. Wrongful death claims must be filed within two years under EPTL Section 5-4.1. However, if your accident occurred on government property — a public sidewalk, municipal building, county park, or school — you must file a Notice of Claim within just 90 days of the injury under General Municipal Law Section 50-e. Missing the 90-day municipal deadline permanently bars your claim against the government entity regardless of how severe your injuries are. This deadline has no exceptions even for serious injuries.

Should I go to the hospital after a slip and fall even if I don't feel seriously hurt?

Yes. Seek medical evaluation within 24 hours of a fall, even if you feel only minor pain at the scene. Several serious injuries — traumatic brain injuries, spinal disc herniations, hip fractures, and internal bleeding — may not produce full symptoms immediately. Adrenaline and shock can mask pain. More importantly, a medical record that documents your symptoms, your account of the accident, and the physician's findings creates an objective timeline connecting the fall to your injuries. Insurance companies routinely exploit gaps in medical treatment to argue your injuries were not caused by the fall or were pre-existing.

What evidence should I collect at the slip and fall scene?

Photograph the hazard before it is cleaned, repaired, or removed — this is the most critical evidence in any premises liability case. Photograph the entire surrounding area to show lighting conditions, warning signs (or the absence of them), the condition of the floor or walking surface, and the physical layout. Get the contact information of any witnesses who saw you fall or saw the hazardous condition beforehand. Ask employees their names. Note the time, date, and weather conditions. If there are security cameras in the area, make note of their locations — surveillance footage is often overwritten within 30 days.

What is 'constructive notice' and why does it matter in a slip and fall case?

In New York premises liability law, property owners are not liable simply because a hazardous condition existed — they must have had 'notice' of it. Actual notice means the owner knew about the hazard. Constructive notice means the hazard existed for a sufficient period of time that the owner should have discovered it through reasonable inspection. For example, if a spill sat on a grocery store floor for 45 minutes with no one cleaning it, the store had constructive notice. Courts evaluate how long the condition existed, whether the owner had a reasonable inspection schedule, and whether the condition was a recurring problem. Documenting the condition's age — looking for tracked footprints, drying edges, or employee admissions — can establish constructive notice.

What if I fell on a sidewalk or government property on Long Island?

Claims against government entities follow strict rules under New York's General Municipal Law. You must file a Notice of Claim within 90 days of the accident. For sidewalk defects specifically, many Long Island municipalities require 'prior written notice' — meaning the municipality must have received a written complaint about the specific sidewalk defect before your fall. Without prior written notice on file, your claim against the municipality is typically barred regardless of how dangerous the condition was. Our attorneys investigate municipal records, work orders, and complaint logs to determine whether prior written notice exists and identify all potentially liable parties — sometimes including property owners adjacent to public sidewalks.

Can I recover if I was partly at fault for my fall on Long Island?

Yes. New York follows pure comparative negligence under CPLR Section 1411. You can recover compensation even if you were partially responsible — for example, if you were looking at your phone or wearing inappropriate footwear. Your recovery is simply reduced by your percentage of fault. If your damages total $400,000 and you are found 25% at fault, you still recover $300,000. Insurance companies routinely try to place maximum blame on the accident victim to reduce their payout. Evidence preserved at the scene — showing the hazard was severe, unmarked, and not reasonably visible — is the best defense against comparative fault arguments.

Should I call a slip and fall lawyer right away?

Yes — prompt legal contact protects your evidence. Our attorneys send preservation letters to property owners and their insurers immediately, demanding they preserve surveillance footage, inspection logs, maintenance records, and incident reports before they are destroyed or overwritten. Surveillance footage is typically overwritten in 30 days. Incident reports are sometimes 'lost.' Witnesses' memories fade. By contacting an attorney within 24–48 hours of the accident, you maximize the evidence available to support your case. The Law Office of Jason Tenenbaum, P.C. offers free consultations and handles slip and fall cases on a contingency fee basis — you pay nothing unless we recover compensation.

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Content reviewed by Jason Tenenbaum, Esq., licensed in New York State since 2002. This guide is for informational purposes only and does not constitute legal advice. Laws may change. Consult an attorney regarding your specific situation.