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Local, state, and federal government entities own about 37% of New York’s land area. These holdings include parks, recreation areas, and government buildings.  

Unfortunately, visitors get injured on government property all the time. In some cases, the injured visitor bears the blame for the accident. In other situations, government employees and contractors cause accidents on public property. 

Under both state and federal law, you have the right to seek injury compensation from the government for its negligence. However, special rules apply to these claims, potentially complicating or even barring injured people from recovering compensation for their losses. 

Sovereign Immunity Waiver 

At common law, the king was immune from legal claims. The theory was that the king was the law, and you could not sue the law. Surprisingly, this doctrine survived the trip to the U.S. This “sovereign immunity” made the government immune from any lawsuit for any reason. 

This doctrine led to unfair outcomes. As a result, many states, including New York, have waived their sovereign immunity in at least some cases. In New York, the waiver of immunity allows parties to sue state or local governments under the same rules and laws that apply to individuals and corporations. 

Liability for Injuries on Local and State-Owned Public Property 

You can sue a local or state government for slip and fall injuries that occur on its land. However, the law imposes several limitations on these actions. 

First, the claim must prove the accident was caused by an officer or employee of the state acting in their official capacity. If, for example, a public park worker spills a drink at a picnic gazebo on their day off, your claim is against the worker, not the government, when you slip in it.  

Conversely, if the same person spills cleaner in the bathroom while working and fails to mop it up, you can sue the government for your slip and fall. 

Second, you must prove the officer or employee acted negligently or intentionally. Intentional harm occurs when the at-fault party intends harmful contact with the victim. This would be rare. However, hypothetically, a government employee might deliberately pour something on the floor to cause someone to slip. 

Negligence is much more common. Negligence means the government worker failed to exercise reasonable care in protecting the victim’s safety. In a slip and fall accident, your lawyer will typically prove negligence by showing that the worker failed to exercise the same caution expected of a reasonable person when finding and fixing slipping hazards. 

Third, your injury attorney must file the claim or send notice of your intent to file a claim to the attorney general within 90 days of the accident. If you miss this deadline, a court can dismiss your claim. 

Liability for Injuries on Federal Property 

The federal government has also waived its sovereign immunity. The Federal Tort Claims Act requires claimants to file claims within two years of their injury. They must meet the following four elements to receive injury compensation: 

• A federal government employee injured the claimant 
• The employee acted within the scope of their official job duties 
• The employee acted negligently or wrongfully 
• The negligent or wrongful act caused the victim’s injury 

Like claims against local or state governments, a claim against the U.S. government must prove negligent or intentional acts. 

Compensation Recoverable for Injuries on Public Property 

The Federal Tort Claims Act does not cap the compensation you can recover. However, it incorporates any cap imposed by the state in such claims. In some states, this cap could significantly limit the compensation you can recover.  

However, New York’s Tort Claims Act has no cap. Thus, your compensation in either state or federal court is not arbitrarily limited to a specific number. 

However, you should not expect a windfall from your lawsuit. You can only recover compensation for losses supported by your evidence. For example, you can use medical bills to prove your past medical expenses, receipts to prove your injury-related out-of-pocket costs, and medical records to prove your future medical expenses. 

You will use your timesheets and pay stubs to prove the income you were unable to earn. Your doctor or a medical expert witness can testify about the impact of your injuries on your ability to work in the future. 

You can also recover non-economic compensation, also called pain and suffering, in both New York State and federal cases. You prove pain and suffering by testifying about the impact of your injuries on your quality of life. 

Contact Us to Discuss Your Slip and Fall Injuries 

Slip and fall injuries can cause injuries that require expensive treatment and prevent you from working. At Silberstein, Awad & Miklos, we have decades of experience standing up to powerful entities for injured clients. Contact us for a free consultation to discuss your slip and fall injury on public property.