Why Are Slip and Fall Cases So Hard to Win?

Difficulties of a Slip and Fall Case

A store owner does not fix a broken step or place a caution sign above the stairway. While walking upstairs, you slip, fall, twist your ankle, and break a wrist. Is the property owner liable for your injuries? What if you were using your cell phone at the time of the fall? Do you still have a valid claim? The answer to these questions could have a huge impact on your future well-being.

Slip and fall cases involve injuries a victim suffered because they slipped, tripped, or fell due to dangerous conditions on someone else’s property. Although they may seem straightforward, these cases take a lot of work to win due to the complex nature of New York’s premises liability laws. Still, there are steps you can take to improve your chances of winning a slip-and-fall case in New York, including working with an experienced attorney who has a track record of success. To learn more, contact David Resnick & Associates, PC for a free consultation.

Why Slip and Fall Liability Can Be Hard to Prove

Establishing liability in slip and fall cases can be difficult because of the complicated nature of premises liability laws. To be successful, the plaintiff (the injured party) must establish that the defendant (the property owner or occupier) did all of the following:

  • Had a legal duty to keep the premises safe for the plaintiff
  • Had a dangerous condition present on the property
  • Knew of the dangerous condition or should have been aware of it
  • Directly caused the accident and the plaintiff’s resulting injuries by failing to address the hazardous condition

It is not enough to show that you slipped and fell. You must show that the accident was due to the property owner’s negligence.

Proving Negligence in a New York Slip and Fall Case

New York State requires property owners to maintain safe premises and to warn guests and visitors about potential hazards. However, the nuances of the case law surrounding this requirement make proving negligence in a New York slip and fall case challenging. You must show that the property owner was responsible for maintaining the property (known as a duty of care), failed to make repairs in a reasonable time, and did not warn you of the danger.

At the same time, property owners can use several defenses to reduce their liability, such as:

  • The property owner can argue that they did everything reasonably possible to maintain the property and prevent accidents. For example, they might say that they fixed hazards promptly, inspected the property, and provided adequate warnings.
  • They can claim that they were unaware and could not have reasonably been aware of the hazardous condition. If the dangerous condition is recent, the property owner can argue that they did not have enough time to find and fix it.
  • The property owner could claim that you should have seen an obvious hazard and avoided it.
  • The property owner can argue there is insufficient evidence to show that they were negligent.
  • The property owner could claim they did not owe you a duty of care.
  • The property owner can claim that repairing the damaged property would have been too cost-prohibitive.
  • The property owner might argue you were also negligent, and they should not be held responsible for accidents that were due to your own negligence.

An experienced slip and fall attorney can anticipate these defenses and work to overcome them.

Who Can Be Held Liable

In the case of many slip and fall accidents, the property’s owner is to blame for the hazardous conditions and is liable for a visitor’s injuries. However, other parties can also be accountable, including the following:

Determining who could be liable for your injuries might require an independent investigation, which an experienced attorney can conduct on your behalf.

How Our NY Slip and Fall Lawyers Can Help You Build a Strong Case

An experienced slip and fall lawyer understands how to build a strong case. They know the complicated New York State laws governing such claims, many of which are found in the rulings judges issued in previous cases. Our New York City slip and fall attorneys have the resources to investigate the incident, collect evidence, and accurately calculate the harm you suffered. A slip and fall attorney can also negotiate with the insurance company for a settlement and, if necessary, represent you in court.

We Get Results

David Resnick & Associates, PC has over two decades of experience helping injured New Yorkers recover money after they were injured because of the negligence of others. Although each claim is different, and slip and fall cases can be hard to win, these successful outcomes speak to the high quality of the legal help we offer our clients:

  • $1.75 million slip and fall settlement
  • $1.6 million slip and fall settlement
  • $1 million slip and fall settlement
  • $900,000 slip and fall settlement
  • $800,000 slip and fall settlement
  • $700,000 premises liability win

Our experienced personal injury attorneys know how to win a slip and fall case. Learn more about how we can help when you call for your free case review.

Increase Your Chances of Winning a Slip and Fall Case by Taking These Crucial Steps

There are no “open and shut” slip and fall cases. However, working with an experienced attorney can help improve your chances of recovering compensation. Here are steps to increase your odds of winning your slip and fall case:

  • Report the accident to the property owner or manager.
  • Seek immediate medical attention.
  • Take photos or videos of the hazard.
  • Keep whatever you were wearing at the time of the accident in the same condition.
  • Gather contact information of any witnesses.
  • Record all medical expenses and lost wages.
  • Consult with an experienced slip and fall lawyer.

It is also imperative that you pursue legal action promptly. In New York, the statute of limitations for filing a slip and fall lawsuit is three years from the accident date. However, you could have as little as six months to take action in some cases. Act quickly and consult with a lawyer as soon as possible to ensure you do not miss this critical deadline.

How NY Comparative Negligence Laws Factor into a Claim

New York follows a comparative negligence rule, meaning you can still pursue compensation if you were partially at fault for your injuries. However, your compensation is also reduced by your percentage of fault. For example, if you are 20 percent at fault for slipping and falling on someone else’s property, your financial recovery is reduced by 20 percent.

Contact David Resnick & Associates to Speak with an Experienced Slip and Fall Lawyer

If you are hurting after a slip and fall accident caused by a negligent property owner, you deserve an experienced attorney to fight for you. The dedicated New York slip and fall lawyers with David Resnick & Associates, PC understand why slip and fall cases are difficult to win, but we can work tirelessly for a favorable outcome in your case. Our legal advocates can navigate the complexities of your case and pursue maximum compenation for the harm you suffered. Contact David Resnick & Associates, PC today for a free consultation.

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