Inside, the cases divide between private buildings, NYCHA developments and transit:
a fall on a subway staircase is a claim against the Transit Authority, with the same 90-day notice and a likely § 50-h hearing.
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Building and store surveillance runs on a 14- or 30-day loop, the porter's log and the sweep sheet show whether anyone checked, and prior complaints about the same step or the same leak establish the notice the owner will deny having.
a fall on a subway staircase is a claim against the Transit Authority, with the same 90-day notice and a likely § 50-h hearing.
Snow and ice add the storm-in-progress rule, which gives an owner a reasonable period after a storm ends before the duty to clear attaches.
surveillance video on a 14- or 30-day loop, the sweep log showing nobody checked the aisle, prior complaints about the same step. Snow and ice add the storm-in-progress rule, which gives an owner a reasonable time after a storm ends.
And a fall on a public sidewalk or in a municipal building normally requires a Notice of Claim within 90 days.
Verdicts and settlements
$1,450,000
For a man that tripped and fell in the parking lot of a retail store and fractured his left arm which required surgery.
$1,000,000
For a man that fell down a flight of stairs due to defective conditions on the staircase in his apartment building causing a spinal cord injury.
$750,000
Store worker that tripped on a pipe left by a contractor causing injuries to both her knees which required surgery.
Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.
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