Slipping and falling due to a hazard on another person’s property could make you eligible for a premises liability claim. You need substantial evidence to show that the property owner’s negligence led to your injuries.
The more evidence you have for your claim, the better. But what types of proof should you look for? Let a seasoned New York slip-and-fall lawyer take the responsibility of gathering evidence off your shoulders and help you explore all possible avenues for proving your claim.
Common Causes of Slip-and-Fall Accidents in NYC
Slips and falls account for over one million emergency room visits each year across the U.S., but many of these do not involve premises liability. You can generally only submit a successful slip-and-fall claim if you can prove that the property owner’s failure to mitigate a hazard led to your injury.
Countless hazards could lead you to become injured on another person’s property. Common causes of this type of accident include:
- Wet floors
- Poor lighting
- Bunched or uneven carpeting
- Merchandise in the aisleway
- Lack of handrails
- Spilled food or drink
- Structural issues
These accidents can also happen at work; for example, 38.4% of the construction fatalities that occurred in 2022 were due to slips, trips, and falls.
Pinpointing the hazard that led to your injuries is one of the first steps in building an effective claim. Your slip-and-fall lawyer in NYC can help you review the accident details to piece together what happened.
Proving a Slip-and-Fall Claim: The Four Elements of Negligence
Becoming injured on another person’s property does not automatically make the property owner liable. Instead, you will need to prove that their negligence contributed to or caused your accident under New York slip-and-fall laws.
These types of injury claims involve the following four elements of negligence:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- An accident occurred due to the breach.
- You endured damages in the accident.
Property owners automatically owe a duty of care to everyone who lawfully enters their premises (i.e., everyone except trespassers). They breach that duty when they know or reasonably should know about a hazard on the property yet fail to mitigate it.
You will need to prove that the hazard existed for long enough that the owner should have known about it. You will also need to directly tie that hazard to your injuries.
Helpful Evidence To Present in a Slip-and-Fall Claim
Presenting as much compelling evidence as possible can significantly bolster your slip-and-fall claim. It could leave no doubt in the insurer’s or judge’s mind that the property owner’s negligence led to your injuries, increasing your chances of receiving a payout.
However, the types of evidence you present also make a difference. These are a few helpful forms of evidence that your New York slip-and-fall lawyer can help you gather.
Security Camera Footage
If any security cameras caught the accident, this footage could prove invaluable in your slip-and-fall claim. Security camera footage is more common in businesses than residential properties, but your attorney can track down this evidence regardless of where the accident happened.
The property owner may not want to willingly hand over footage that shows their negligence. They may also try to delete or conceal the footage to prevent it from aiding your case. Your slip-and-fall lawyer in NYC can file court orders to protect this evidence and request a copy of it as part of the discovery process.
Photos of the Accident Scene
If no video footage of the accident exists, photos of the accident scene can go a long way toward supporting your claim. Ideally, you or one of the accident witnesses will have snapped a few pictures after the slip and fall to show the hazard that led to your injuries.
If the accident happened at a business and the manager created an accident report, they may have included a few photos in the report as well. Your New York slip-and-fall lawyer can explore various avenues of recovering photos to use in your case.
Witness Testimonies
Anyone who saw the accident happen could also serve as vital evidence in your case. Your attorney may call them to testify in court or provide written testimony of what they remember from the accident. They can provide details such as:
- Whether they noticed the hazard before the accident
- Their recollection of how your injuries occurred
- Details about how the property owner responded in the aftermath of the slip and fall
Witness testimonies alone may not be enough to prove the property owner’s negligence, as memory isn’t perfect. They can, however, act as an adjunct to other evidence to support your claim.
Past Accident Reports
Your attorney can help you uncover details about any accidents that previously happened on the property. Perhaps there are accident reports or witness testimonies of these events. If so, they might demonstrate that the property owner has a tendency to leave hazards in place or that this same hazard has caused an accident in the past.
Medical Documentation
You need to show that your injuries happened because of the slip and fall and that they were not pre-existing. Documentation about your medical procedures, exams, and therapies since the accident can support this claim.
Expert Testimony
Expert testimony also proves helpful in slip-and-fall lawsuits that may not have much other compelling evidence. This involves bringing in a professional accident reconstructionist who explains how the accident happened. They may create a diagram showing the accident scene and paint a clearer picture of the events leading up to your injury.
What If You Don’t Have Much Evidence?
Slip-and-fall lawsuits can be challenging to win without evidence. If you feel like your case does not have much physical proof, it’s still worth talking to an NYC slip-and-fall lawyer. They may be able to uncover evidence that you didn’t know about or approach the case from a different angle.
If there is truly no evidence to support your case, they can provide their professional opinion of your chances of winning and walk you through other options for potentially seeking compensation.
Let Our Slip-and-Fall Lawyers Help You Build a Compelling Claim
If you want to bolster your chances of winning a premises liability case, you need an experienced attorney who can gather compelling evidence on your behalf. At Ross & Hill, we have represented premises liability victims throughout New York City for almost 40 years.
Contact us today at 646-351-6222 to schedule a free consultation with our New York slip-and-fall lawyers, then learn more about receiving compensation after a slip-and-fall accident.
Frequently Asked Questions
What is the burden of proof in a personal injury case?
The burden of proof indicates the plaintiff’s responsibility in a personal injury case to prove the four elements of negligence. You need strong evidence to show that the defendant was negligent in your accident.
Are slip-and-fall cases easy to win?
Slip-and-fall cases are easy to win if the evidence is stacked in your favor. Otherwise, they are often challenging to win, with a success rate of around 40%. An experienced attorney can evaluate the strength of your case based on the evidence available.
How do you negotiate a slip-and-fall settlement?
Negotiating a slip-and-fall settlement involves meeting with the defendant and their legal team outside of court and attempting to reach a monetary agreement in the hopes of avoiding a trial. Your New York slip-and-fall lawyer can represent you during this discussion.
