How Can I Prove Negligence in a Slip and Fall Case in New York?
To prove liability in a slip and fall case, you must demonstrate that:
- A hazardous condition existed.
- The property owner knew or should have known about the condition.
- They failed to fix the condition within a reasonable time.
- You suffered harm as a direct result of that failure.
This can be accomplished through a combination of photographs, medical records, witness statements, and maintenance documentation.
The most difficult part is establishing that the liable party knew about the dangerous condition and neglected to fix it. Property owners automatically owe a duty of care to everyone who lawfully enters their premises, and they breach that duty when they know or should have known about a hazard and fail to mitigate it.
What Evidence Should I Present in a Slip and Fall Claim in New York?
Various types of evidence can be useful for proving liability in a slip and fall lawsuit. While there may be other types than those listed below, these are the most important and common forms of slip-and-fall evidence. It is important to know that you do not need to have every single type of evidence listed here to successfully pursue a settlement. An experienced attorney can work with you to determine what evidence is necessary for your claim.
Eyewitness Statements
Statements from people who were present at the accident scene can help provide crucial insight into how the fall occurred. Individuals who saw the accident or the conditions that caused it may be able to:
- Confirm the presence of a hazard
- Describe how the property owner responded
- Explain whether the property was poorly maintained
Whenever possible, get names and contact information from witnesses at the scene. If you are unable to do so, an attorney may be able to locate and interview them later. The testimony of your friends and family may also be useful to describe the toll the injuries have taken on your life.
Photos and Videos of the Scene
Photos and videos can capture evidence that may be removed or cleaned up shortly after a fall. This might include:
- Water, ice, or debris
- Broken handrails or steps
- Poor lighting or signage
- Your physical injuries
Even if the footage is unclear, it can still support your claim. Property owners are often quick to correct hazards after an accident—visual evidence proves what the conditions were when you were injured, and they may capture the necessary details to help your attorneys understand your case better.
Medical Records
Medical records are particularly important in order to document the nature and severity of your injuries. They can demonstrate that:
- You sustained harm.
- The injuries occurred as a result of the fall.
- You required specific treatment and incurred costs.
Common slip-and-fall injuries include broken bones, sprains, head trauma, and spinal damage. Prompt treatment also helps validate your claim.
Maintenance Records
Maintenance records for where you fell and any hazardous conditions may be available directly from the property owner. Maintenance records can show:
- When inspections were performed
- What issues were documented
- Whether problems were addressed in a timely manner
This information is essential to a successful slip-and-fall claim—if the maintenance records show that the property owner did not do their due diligence, then it is easier to prove negligence.
Written Documentation
If your fall occurred outside a business or public building, the owners will likely create an incident report that can serve as useful evidence in a lawsuit. This documentation captures details of the accident and potentially the hazard that caused it, and may include:
- Incident reports filed by employees
- Notices or memos about property hazards
- Emails between staff referencing the condition
These records may confirm that the owner was aware of the problem before the fall occurred.
Security Camera Footage
Surveillance camera footage can be useful to provide a more detailed view than photos and videos of the accident scene taken on a phone. However, these cameras are not present in every location, so acquiring this evidence may be challenging.
If your accident occurred around a business or public building, such as a parking lot, it is more likely to have been caught on camera. However, many private homes now have doorbell cameras whose footage could also be useful. These recordings often become inaccessible within days, so time is critical.
Expert Testimony
Including the testimony of a relevant expert in your case can be extremely helpful in slip-and-fall lawsuits that may not have much other physical evidence. This often involves hiring a professional accident reconstructionist, engineers, or property safety consultants to explain how the accident happened and what could have prevented it.
What if My Evidence is Not Enough?
If you feel you do not have enough evidence to present a strong case for your slip and fall lawsuit, it may help to discuss your case with an attorney to examine all your options for recovering compensation. In many cases, attorneys can access evidence that would otherwise be difficult or impossible to gather.
Additionally, you may still have enough evidence to recover some compensation even if you were partially at fault for your accident—for example, if you slipped while distracted on your phone. New York operates under a system of pure comparative negligence. This means that even if the liable party can prove that you were partially at fault for your accident, you may still have enough evidence to recover some compensation.
Contact a Slip and Fall Attorney at Lever & Ecker to Discuss Your Case Today
Gathering evidence for a slip-and-fall lawsuit in New York can be difficult, but the process is far less overwhelming with an experienced attorney by your side. At Lever & Ecker, our award-winning New York injury lawyers have over 70 years of combined experience helping New Yorkers hold negligent property owners accountable. We take a hands-on approach to every client’s matter, guiding them through each step of the legal process and using our knowledge to gather all available evidence to build a strong case.
With offices in White Plains, the Bronx, and Queens, Lever & Ecker helps injured clients throughout New York State, including all five boroughs of New York City, all of Westchester County, and the surrounding counties.
We make home and hospital visits, so if you can not come to us, we will come to you. We are ready to provide the resources you need to make the right legal decisions and get the right care. To get started with a free consultation, contact Lever & Ecker today online or by calling any of our offices:
- White Plains: (914) 288-9191
- Bronx: (718) 933-3632
- Queens: (347) 391-6337
