You are walking from your car toward the elevator when your foot slips on the garage floor. After the fall, you learn that the attendant works for a different company from the one that owns the building. You are left wondering whom to notify.
Responsibility depends on quite a few factors, like who controlled the area and whether that party created the hazard or knew about it. In this guide, Ross & Hill explains how those questions shape a claim. If you need a slip-and-fall lawyer in New York, you can call our office to schedule a consultation.
The Parties Who May Be Responsible
The name at the entrance may not identify the business responsible for the spot where you fell. A property owner can hire another company to operate the garage, and an entirely separate contractor may handle specific maintenance work.
Still, property owners also have duties concerning the structure itself. In 2024, the New York City Department of Buildings reported penalizing more than 400 parking-structure owners for failing to file required engineering inspections.
Possible responsible parties in parking garage slip and falls include:
- The property owner: May retain responsibility for negligent structural repairs or common areas under its management arrangements.
- The garage operator: May control daily access and cleaning in areas customers use on foot.
- A maintenance contractor: May be responsible for work assigned under its agreement, such as cleaning or concrete repairs.
A slip-and-fall lawyer in New York can review a lease or maintenance contract to clarify each party’s role, though neither document alone settles liability for a particular fall. If the garage is publicly owned, the review may also involve a government entity.
Looking at the Dangerous Conditions in Parking Garages
Walking from a parking space to an elevator may require crossing a vehicle lane. This means that the surface can change within a few steps, especially near an entrance.
A 2022 study of employee falls at one hospital found that wet floors caused 41% of the slips, trips, and falls in its initial data. The researchers also identified parking garage speed bumps among obstacles involved in injuries.
Conditions to check along your route include:
- Water near an entrance: Moisture on a ramp or pedestrian path may reduce traction.
- Uneven walking surfaces: A damaged joint or poorly marked speed bump may catch a shoe.
- Poor lighting: A dark passage may make a floor defect harder to see.
- Slippery residue: Oil crossing a pedestrian path may leave a slick patch.
An unmarked hazard can leave someone with little time to react before they lose their footing.
How a Slip-and-Fall Lawyer in New York Evaluates Liability
A lawyer examines whether the garage’s condition caused the fall and whether a responsible party had an opportunity to address it. These questions require more than showing that a hazard existed.
Creation or Notice of the Hazard
A party may create a hazard by leaving a slick surface after cleaning or failing to address it in an appropriate amount of time. The person or company may receive a complaint about the condition, or the hazard may remain visible long enough for a reasonable inspection to uncover it.
An inspection log can show when staff last checked the area. A cleaning record can show what work took place, but neither document alone establishes how long an unreported spill was present. Parking garage security footage may potentially fill this gap, if available.
The Link Between the Hazard and the Fall
A lawyer may seek evidence that links your injury and fall with the condition identified at the scene. A slick surface may explain a slide, while a raised edge may explain a trip. If the two do not align, the cause of the fall may be disputed.
Shared Responsibility
An insurer may argue that you could have seen or avoided the condition. That argument does not automatically rule out recovery. In an ordinary negligence claim, New York law generally reduces a damages award in proportion to the injured person’s share of fault.
Steps To Take After a Garage Fall
The New York State Department of Health reported more than 182,000 fall-related emergency department visits among residents 60 and older in 2023. The figure covers falls in many settings, but it underscores why you should take an injury seriously.
After a garage fall, take these steps if you can:
- Seek medical care: Tell a clinician when and how you fell.
- Report the incident: Notify garage staff and ask how to obtain a copy of the written report.
- Photograph the spot: If it’s safe, photograph the area where you fell.
- Collect witness information: Ask anyone who saw the fall for a way to contact them.
A slip-and-fall lawyer in New York may be able to request garage camera footage if available before it is overwritten.
Keep the shoes you wore when you fell, even if they appear undamaged. The condition of the soles may become relevant if the cause of the fall is disputed. Set them aside and avoid cleaning or repairing them. Your attorney can advise you on how to preserve the shoes and respond if another party asks to inspect them.
Filing Deadlines and Claim Timing
The applicable deadline depends on who faces the claim. Under New York’s personal injury statute of limitations, an ordinary personal injury lawsuit against a private party generally must begin within three years of the fall.
For claims against the city, a notice of claim is generally due within 90 days and a lawsuit within one year and 90 days of the incident. Other public entities may have different deadlines, so identify the organization involved early.
Reporting a fall to garage staff is separate from serving a legal notice of claim. A letter to an insurer does not necessarily satisfy that requirement either.
Discuss Your Garage Fall With Ross & Hill
A garage fall claim can raise questions about who controlled the walking area and what caused the injury. At Ross & Hill, we review those details with you and explain what evidence may help establish responsibility.
Founding partners James Ross and Arthur Hill have practiced in personal injury law and related civil litigation for almost 40 years. Over their careers, they have recovered more than $100 million for clients through verdicts and settlements.
Our firm handles slip-and-fall claims and offers free consultations. Similar questions can arise with retail store slip-and-fall accidents, though each setting requires its own review. If you fell in a parking garage, call us at (646) 351-6222 to speak with a slip-and-fall lawyer in New York.
FAQs
These answers address additional questions about slip-and-fall accidents in New York parking garages.
Can You Bring a Claim If You Did Not Pay To Park?
You may be able to bring a claim even if you did not pay to park. The absence of a payment transaction alone does not decide responsibility for an unsafe walking area.
What If You Were Injured While Working in the Garage?
Workers’ compensation may apply if you were injured while working in the garage, depending on your employment circumstances.
What Losses May Be Included in a Parking Garage Fall Claim?
You may be able to pursue compensation for documented medical expenses and lost income from time away from work. Compensation for pain and suffering may also be available if the evidence supports it.
Can a Slip-and-Fall Accident Lawyer in NY Help If You Have Already Spoken to an Insurer?
A lawyer can review what you told the insurer and discuss how that statement may affect your claim.
