Slip and Fall Lawyer in St. Albans, NY

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The VA Campus: A Federal Claim

The VA's St. Albans Community Living Center at 179-00 Linden Boulevard is a federal facility. A visitor, family member or veteran who falls on its grounds or in its buildings because of a hazard the VA should have fixed has a claim under the Federal Tort Claims Act. The process is different from an ordinary lawsuit: an administrative claim must be filed with the agency within two years, the agency has time to respond, and only then can a case go to federal court. Federal claims also have their own limits on the kinds of damages available.

The State Veterans Home: The Court of Claims

Nearby, the New York State Veterans Home at St. Albans is a state facility. Claims against the State go to the New York Court of Claims, and a personal injury claim — or a notice of intention to file one — generally must be served within 90 days of the fall. Falls by residents, as opposed to visitors, may also raise questions about the care the facility provided.

Roy Wilkins Park

Roy Wilkins Park, which borders the VA campus on its west side, is a large city park with playing fields, paths and buildings. Falls on its paved paths, steps and courts are claims against the City of New York, which require a written notice of claim within 90 days under General Municipal Law §50-e and a lawsuit within one year and 90 days. The City is often liable only if it had prior written notice of the defect or created it.

Linden Boulevard and Merrick Boulevard Stores

The commercial strips along Linden Boulevard and Merrick Boulevard are lined with groceries, restaurants, salons and service businesses. Inside, a store must keep its floor reasonably safe, and you generally need to show it created the hazard, knew about it, or should have found it. Outside, the owner of a commercial building maintains the sidewalk under Administrative Code §7-210. In front of owner-occupied one-, two- and three-family homes — much of St. Albans, including the Addisleigh Park historic district — the City is generally responsible for sidewalk defects instead.

The St. Albans LIRR Station

The station on the Atlantic Branch is maintained by the Long Island Rail Road, part of the MTA. A fall on its stairs or platform requires a notice of claim within 90 days, and the deadline to sue is shorter than three years.

Getting the Records

Large facilities keep the records that prove these cases — incident reports, maintenance requests, inspection logs and camera footage. How you get them depends on who owns the facility. Federal agencies respond to requests under the Freedom of Information Act; New York State agencies under the state Freedom of Information Law; private owners only through the discovery process once a case is filed. Some of these requests take months, which is one more reason to start early. In the meantime, keep your own record: photographs of the spot, the names of staff who helped you, and anything you were given in writing after the fall.

Comparative Fault

For falls, your own share of responsibility reduces your recovery but does not bar it, under CPLR §1411. The 2026 change for motor-vehicle cases leaves fall claims under the older, more forgiving rule.

After a Fall

Queens Hospital Center and Jamaica Hospital Medical Center, a state-designated Level I trauma center, are the nearest major hospitals. Photograph the spot, report the fall to the facility or business in writing, and get the names of witnesses. St. Albans is in the NYPD's 113th Precinct.

Deadlines at a Glance

• Federal (VA): administrative claim within two years under the Federal Tort Claims Act.
• State (state veterans' home): Court of Claims, generally within 90 days.
• City (parks and many sidewalks): notice of claim within 90 days.
• LIRR / MTA: notice of claim within 90 days.
• Private owners: generally three years under CPLR §214; these cases are heard in Queens County Supreme Court, Civil Term.

Talk to Us

We do not charge for a consultation, and our fee depends on recovering money for you. See our slips, trips and falls practice, along with our premises liability page, or see who we are on our team page.

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

Nearby: car accidents in St. Albans, construction accidents in St. Albans and slip and fall injuries in Queens Village.

Common questions

My father fell while I was visiting him at the VA facility. Who would the claim be against?

If the fall was caused by a condition the VA should have fixed, the claim is against the United States under the Federal Tort Claims Act. If it involved the care he was receiving, different questions apply. Either way, the process starts with an administrative claim.

Is the deadline really only 90 days for a fall in Roy Wilkins Park?

Yes, for the notice of claim to the City. Courts can sometimes allow late notice, but they do not always do so, so start as soon as possible.

I fell in front of a house in Addisleigh Park. Does the historic district change anything?

No. The landmark designation affects how buildings may be altered, not who is responsible for the sidewalk. For an owner-occupied one-, two- or three-family home, that is usually the City.

This page is general information about New York law for people in St. Albans, 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.