Yes. You may be able to file a claim after a slip and fall at a New York hotel or resort when a dangerous condition caused your injury and the responsible party created the hazard, knew about it, or should have discovered it through a reasonable inspection.
Hotel and resort claims may involve wet floors, icy entrances, defective stairs, loose carpeting, poor lighting, pool areas, damaged walkways, or other unsafe conditions. A fall alone does not establish liability. Evidence must connect the dangerous condition to the accident and show why the property owner, operator, or another responsible party should be held accountable.
Prompt medical care, photographs, witness information, an incident report, and a request to preserve surveillance video can help protect your claim.
Hotel surveillance footage and inspection records may be deleted or overwritten. Prompt action can help preserve evidence before it disappears.
When Can You File a Hotel Slip and Fall Claim in New York? 
A hotel or resort must use reasonable care under the circumstances to keep areas used by guests in a reasonably safe condition. That duty may apply to lobbies, hallways, elevators, stairways, guest rooms, restaurants, spas, pool decks, sidewalks, parking lots, conference areas, and other parts of the property.
To support a hotel slip and fall claim, you generally need evidence showing that:
- A dangerous condition existed.
- The hotel, resort, property owner, operator, or another responsible party created the condition or had actual or constructive notice of it.
- The responsible party did not take reasonable steps to repair the condition, clean the area, restrict access, or provide an adequate warning.
- The dangerous condition caused your fall and injuries.
The Buffalo slip and fall injury attorneys page explains how unsafe conditions on commercial and private property can lead to injury claims.
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Andrews
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Maranto
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What Hazards Cause Falls at Hotels and Resorts?
Guests often move through unfamiliar areas while carrying luggage, watching children, attending events, or entering the property during rain, snow, or ice. Common hazards include:
- Water tracked into a lobby, hallway, or elevator area
- Leaks near ice machines, sinks, toilets, showers, pools, or climate-control equipment
- Recently cleaned floors without adequate warnings
- Loose rugs, curled mats, torn carpeting, or uneven flooring
- Broken steps, unstable railings, or missing handrails
- Poor lighting that hides a curb, step, or floor-level change
- Food, drinks, grease, or ice on restaurant and banquet floors
- Cords, housekeeping carts, luggage, or furniture blocking walkways
- Cracked pavement, potholes, snow, ice, or slush outside
- Damaged pool decking or slippery surfaces near spas and recreational areas
Western New York weather can create added risks near entrances, sidewalks, parking areas, and outdoor stairs. The presence of rain, snow, moisture, or ice does not automatically prove negligence. A claim may depend on how the condition developed, how long it existed, what inspections or maintenance occurred, and whether the property provided a reasonable warning.
New York also recognizes a storm-in-progress rule for some snow and ice claims. A property owner may not be required to remove natural snow or ice during an ongoing storm or for a reasonable period afterward. This rule does not resolve every case, especially when the condition existed before the storm, was created or worsened by maintenance work, or involved water tracked into an interior area.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
What Do Actual and Constructive Notice Mean?
Actual notice means the responsible party knew about the specific hazard before the fall. Evidence may include:
- A guest complaint
- An employee report
- A maintenance request
- A prior incident
- A work order
- Video showing an employee observing or walking past the condition
Constructive notice means the condition was visible and apparent and existed long enough that a reasonable inspection should have discovered and corrected it.
A photograph can document a puddle, damaged surface, or missing warning, but it may not show how long the condition existed. Other evidence may help establish the timeline, including:
- Surveillance footage
- Inspection logs
- Cleaning schedules
- Maintenance records
- Employee messages
- Incident reports
- Witness statements
The firm’s page about proving fault in a slip and fall accident explains how photographs, witnesses, and nearby video may help document fault.
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Who May Be Responsible for a Resort Slip and Fall?
The name displayed on a hotel or resort may not identify every business responsible for the property. One company may own the building, another may operate the hotel, and separate businesses may manage a restaurant, spa, conference space, or recreational area.
Potentially responsible parties may include:
- The property owner
- The hotel or resort operator
- A management company
- A restaurant, spa, or retail operator
- A janitorial or housekeeping company
- A maintenance or repair provider
- A snow-removal or landscaping contractor
- An event organizer
- A commercial tenant
A contractor is not automatically liable to an injured guest merely because it had a maintenance agreement. Responsibility may depend on the contract and the contractor’s conduct, including whether the contractor created or worsened the hazard or assumed broad responsibility for maintaining the area.
Contracts, work orders, inspection records, maintenance logs, and employee testimony can help identify who controlled the location and who was responsible for the condition.
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What Should You Do After a Fall at a Hotel?
Your health should be your first concern. Seek medical care promptly, especially after a head impact, severe pain, limited movement, numbness, dizziness, confusion, or difficulty bearing weight. Some injuries become more noticeable after swelling and adrenaline subside.
When possible:
- Photograph the exact hazard before it is cleaned, repaired, or removed.
- Photograph the wider area, including lighting, warning signs, cameras, doors, stairs, and nearby walkways.
- Report the fall to hotel management and request an incident report number or copy.
- Collect the names and contact information of witnesses and employees.
- Preserve the shoes and clothing worn during the fall.
- Save booking records, receipts, medical documents, travel changes, and missed-work information.
- Write down what happened while the details remain fresh.
- Avoid guessing about fault or signing a broad release before the facts are clear.
Hotel video may be overwritten under routine retention practices. A preservation request can ask the hotel, property owner, management company, and relevant contractors to retain:
- Surveillance video
- Incident reports
- Inspection logs
- Cleaning records
- Maintenance requests
- Work orders
- Employee communications
- Photographs taken by hotel staff
The firm’s guidance on mistakes to avoid after a slip and fall injury explains why photographs, reports, and witness information can matter.
Can the Hotel Blame You for the Fall?
A hotel or insurer may argue that the condition was open and obvious, warning signs were present, you were distracted, or your footwear contributed to the accident.
New York follows comparative negligence. Your share of responsibility does not automatically prevent recovery, but it can reduce an award in proportion to your share of fault.
An open and obvious condition may affect whether the hotel had a duty to warn you. It does not necessarily eliminate the separate duty to maintain the premises in a reasonably safe condition.
A warning sign also does not resolve every case. Its placement, visibility, wording, and timing can matter. The available route around the hazard can also be relevant. A sign placed far from a spill, hidden behind furniture, or added after the fall may not provide a meaningful warning.
What Compensation May Be Available?
Compensation depends on the facts, available insurance, the nature of the injuries, and how the accident affects your life. A claim may seek compensation for:
- Past and future medical expenses
- Lost income
- Reduced earning ability
- Rehabilitation and therapy
- Assistive devices
- Treatment-related travel costs
- Pain and suffering
- Loss of normal activities
- Other accident-related expenses
Medical records can help connect the fall to the injury and explain the care you need. Records of missed work, canceled travel, added lodging, transportation changes, and assistance needed at home can document other losses.
No attorney can determine the value of a claim from the type of accident alone. Liability, medical evidence, insurance coverage, prior health conditions, and long-term limitations can all affect the outcome.
What If You Live Outside New York?
You do not have to live in New York to pursue a claim for an injury that occurred at a New York hotel or resort. You should keep copies of:
- New York medical records
- Hotel incident reports
- Photographs and video
- Travel and booking documents
- Receipts for added expenses
- Treatment records from your home state
- Communications with the hotel or an insurer
A New York attorney can investigate the property, contact local witnesses, communicate with insurers, and evaluate where a lawsuit may be filed. A personal injury consultation can help organize available records and identify evidence that may still need to be preserved.
How Long Do You Have to File a Claim?
New York generally allows three years to commence a personal injury action. Shorter deadlines and special procedures can apply depending on the defendant and the location of the fall.
For example:
- A Notice of Claim may be required within 90 days for certain claims against a municipality or another public corporation.
- Claims involving property owned or operated by New York State can follow separate Court of Claims procedures and deadlines.
The deadline is not the only reason to act promptly. Surveillance video may be erased, repairs may alter the scene, witnesses may become difficult to locate, and inspection records may become harder to obtain.
Speak With a New York Hotel Slip and Fall Lawyer
A hotel fall can disrupt a vacation, business trip, family visit, wedding, conference, or weekend away. You may be handling medical care, missed work, travel changes, and insurance calls while the hotel and its insurer already have access to the scene and internal records.
Andrews, Bernstein & Maranto, PLLC can review who controlled the area, how the hazard developed, what evidence may exist, and which deadlines may apply. The firm serves injured people in Buffalo, Niagara Falls, Erie County, Western New York, and nearby areas.
The firm’s main office is located at 420 Franklin Street, Buffalo, NY 14202.
Call (716) 333-5525 or use the online contact page to request a consultation.
This article is for informational purposes only and is not legal advice. Consult an attorney about your specific situation.
