Slip and Fall Lawyer in Fresh Meadows, NY

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Where People Fall in Fresh Meadows

Fresh Meadows Place and the shopping along 188th Street. The shopping center at the Horace Harding Expressway and 188th Street, anchored by Kohl's, AMC Theatres and Michaels, has large parking lots, curbs and entrances that see heavy foot traffic. Wet floors at store entrances, uneven pavement in the lots and ice that was plowed into piles and then refroze are the common causes. A fall inside a store or in a lot is generally the owner's or manager's responsibility, depending on who controls that area under the lease.

The Union Turnpike storefronts. The commercial blocks along Union Turnpike — including the stretch near our own office — mix older sidewalks, cellar doors, sidewalk grates and steps up into shops. A broken flag or a raised edge in front of a business is usually the property owner's problem under New York City law, as explained below.

Garden-apartment walkways and courtyards. Much of the housing here is in garden-apartment complexes with shared paths, stairs and parking areas maintained by a landlord or managing agent. Poor lighting, broken steps, and ice on walkways that should have been salted are the usual issues.

Around St. John's University. Students, staff and visitors walk the sidewalks along Union Turnpike and Utopia Parkway every day. Who is responsible depends on whether the fall happened on campus property or on a public sidewalk next to it.

Who Is Responsible for a New York City Sidewalk

Sidewalks are where most outdoor falls happen, and New York City has its own rule. Under Administrative Code §7-210, the owner of the property next to the sidewalk is responsible for keeping it reasonably safe — not the city. There is an important exception: owner-occupied one-, two- and three-family homes used only as residences. A fall on the sidewalk in front of one of those houses is generally a claim against the City, and the City is usually liable only if it had written notice of the defect beforehand.

That makes the location of the fall, down to the exact flag of concrete, the first thing to pin down. Photograph it with something for scale — a shoe, a coin, a tape measure — before it is repaired. Our article on sidewalk liability under §7-210 walks through the details.

Snow and Ice

Fresh Meadows winters bring the same fight every year. New York City requires property owners to clear the sidewalk in front of their property within a set time after the snow stops falling — generally four hours during the day, with longer windows when snow ends in the evening or overnight. Courts also apply a "storm in progress" rule: an owner usually is not responsible for snow and ice while the storm is still going on, and gets a reasonable time afterward to clean up. Weather records for the day of your fall often decide these cases, so note the date and time precisely.

Falls Inside Stores and Buildings

Inside a supermarket, a store or an apartment building, you generally have to show that the owner created the hazard or knew about it — or that it was visible long enough that they should have found and fixed it. A spill that happened seconds before you stepped in it is hard to pin on anyone; one that had cart tracks through it is a different story. Ask for an incident report before you leave, get the names of employees who helped you, and photograph the spot. Store cameras often capture falls, but the footage is commonly recorded over within days or weeks, so it needs to be requested quickly.

Being Partly at Fault

Insurers often say you should have been watching where you were going. For falls, New York applies pure comparative fault under CPLR §1411: your recovery is reduced by your share of responsibility but not eliminated. The 2026 change that bars a claimant who is mostly at fault applies only to motor-vehicle cases, not to slip-and-fall claims.

Deadlines

• Private owners, stores and landlords: generally three years from the fall under CPLR §214.
• The City of New York, including city sidewalks: a written notice of claim within 90 days under General Municipal Law §50-e, and a lawsuit within one year and 90 days.
• A fall getting on or off an MTA bus, such as the Q46 on Union Turnpike or the Q17 and Q88 near the shopping center: a notice of claim within 90 days as well.

Medical Care and Reporting

Hip, wrist, knee and head injuries are common in falls, and some — especially head injuries in older adults — get worse over the hours that follow. NewYork-Presbyterian Queens in Flushing and Queens Hospital Center in Jamaica are the nearest emergency departments. Falls rarely involve the police, but if one does, Fresh Meadows is covered by the NYPD's 107th Precinct. For a defective public sidewalk, a 311 complaint creates a record of the condition.

Talk to Us

Our office is in Fresh Meadows, so these are streets we walk ourselves. The consultation is free, and there is no fee unless we win. See our slips, trips and falls practice, along with our premises liability page, or meet the attorneys and staff on our team page.

Davidov & Cohen Law, PLLC
185-22 Union Tpke, Suite 203
Fresh Meadows, NY 11366
(718) 328-8001

Elsewhere nearby: car accidents in Fresh Meadows, car accidents in Jamaica Estates and car accidents in Oakland Gardens.

Common questions

I tripped on a raised sidewalk in front of a house on a residential block. Who do I claim against?

If the house is an owner-occupied one-, two- or three-family home, the claim is usually against the City of New York, which means a notice of claim within 90 days and proof that the City had prior written notice of the defect. If it is a larger building or a business, the property owner is usually responsible.

I slipped in a store and the manager made a report. Should I give a recorded statement to their insurer?

You are not required to, and it is usually better to talk to a lawyer first. The insurer's goal is to pin down details that can be used to reduce the claim. Getting medical care and keeping your own photos and notes is more important at this stage.

My elderly parent fell and is not able to come in. Can we still talk?

Yes. A family member can call us to start, and we can meet your parent at home or in the hospital. Call (718) 328-8001.

This page is general information about New York law for people in Fresh Meadows, Queens. It is not legal advice, and reading it does not create an attorney-client relationship. Every case depends on its own facts. Attorney Advertising.