If you were injured after slipping, tripping, or falling on another person’s property, you may have grounds for a premises liability claim. However, knowing how to prove negligence is important to differentiating your case as a legal claim from a typical moment of carelessness that might otherwise go unreported.
Let a New York slip-and-fall attorney assess the details of your accident and help you understand your rights. In the meantime, this guide can be a good starting point for knowing how to prove negligence after a slip and fall.
Grounds for a Slip-and-Fall Case in New York
Often, falls happen due to reasons outside a property owner’s control. However, in the event a person slips and falls due to a hazard on the premises, the property owner may be negligent, depending on the circumstances leading up to the incident in question.
These are the grounds a slip-and-fall case must generally meet:
- The property owner owed you a duty of care. This duty automatically arises when you legally visit their property (i.e., you are not trespassing).
- The property owner breached their duty of care. This happens when a property owner knew (or reasonably should have known) about a hazard on their premises, yet failed to mitigate it.
- An accident occurred due to this breach. In a slip-and-fall case, this would involve slipping, tripping, or falling because of the hazard.
- You suffered injuries in the accident. You would need to show that the accident directly caused your injuries and that they were not due to some other cause.
Proving Property Owner Negligence After a Slip and Fall
Establishing grounds for a negligence claim involves gathering evidence to prove each of the above four points. A New York slip-and-fall attorney can help you assess the evidence available in your case and advise you on a proper course of action.
Compelling evidence might include:
- Photos and videos of the accident scene that show the hazardous conditions that caused you to trip and fall
- Witness testimony from those who saw the accident or noticed the hazard before the accident
- Accident reports describing the details of the slip and fall
- Medical records discussing your injuries and tying them to the accident
- Security camera footage showing the hazard
- Previous accident reports showing injuries from similar hazards
- Complaint records showing how other patrons brought the same hazard to the property owner’s attention
Generally, the more relevant evidence you can find, the stronger your case will be. If you do not have much evidence available, you may wish to speak with a personal injury lawyer in New York about your options.
What if You Were Partially At Fault?
If you partially contributed to your own accident, such as if you were distracted when you tripped over the hazard, you may still be able to seek compensation under New York’s pure comparative negligence and slip-and-fall laws.
This doctrine states that all parties involved in personal injury accidents can seek damages from other parties as long as they were not 100% responsible. However, your compensation amount would be reduced by your percentage of fault. If you were 30% at fault, for example, you may only be able to seek 70% of the value of your case through a personal injury claim.
Seek Guidance From a New York Slip-and-Fall Lawyer
Proving negligence in a slip-and-fall case on your own can be challenging if you do not have legal experience and are focused on recovering from injuries. A premises liability lawyer in New York can help you understand your rights and options and provide legal guidance through the compensation process.
The Wohlgemuth Law Firm PLLC represents slip-and-fall victims across New York. Contact us today at 718-474-9100 to discuss filing a slip-and-fall lawsuit with a New York slip-and-fall attorney.
Frequently Asked Questions
What is the statute of limitations for slip-and-fall cases in New York?
The statute of limitations for slip-and-fall cases in New York is generally three years from the accident date, although this deadline may differ depending on the entity you are suing. Additionally, some instances may require a notice of claim to be filed as soon as 90 days after the accident.
Can you seek compensation for a slip and fall?
Yes, you may have the right to seek compensation if another party, such as the property owner, was negligent in your accident. Speak with a New York slip-and-fall attorney to learn about your rights.
Can you sue for pain and suffering after a slip and fall?
Slip-and-fall lawsuits often include non-economic damages, such as pain and suffering and emotional distress, along with economic damages.
