Proving fault in a New York City slip and fall case requires substantial evidence demonstrating that the property owner failed to address a known hazard, and you suffered harm because of that failure. Typically, you prove it with physical evidence, photos and video, incident reports, medical records, and witness testimony, including medical professionals and other experts.
Every slip and fall claim is unique. To understand what it may take to establish fault in your NYC slip and fall case and learn about your rights and options, you should speak with an experienced New York City slip and fall attorney as soon as possible.
What Steps Should You Take After a NYC Slip and Fall Accident?
Your actions in the moments, hours, and days after a slip and fall can impact your ability to prove fault if you pursue a slip and fall accident insurance claim or personal injury lawsuit. Be sure to do the following:
- Seek medical attention – Prompt medical attention protects your health and helps establish causation in your slip and fall injury claim, or the connection between the property owner’s negligence and your injuries.
- Report the incident – An official report helps identify when and where the slip and fall occurred and establishes that the property owner or manager has been notified of the accident.
- Take photos and videos – Visual evidence of the dangerous condition(s) that caused your injuries can serve as strong evidence. Capture the hazard, the surrounding area, lighting conditions, and any warning signs (or lack thereof).
- Gather witness information – Third-party testimony can cover critical details and lend credibility to your claim. Collect all witness names and contact information.
- Preserve your clothing and shoes – Don’t wash or throw away what you wore during the accident. Torn or wet clothing and scuffed shoes can provide physical evidence of how the fall occurred.
- Contact David Resnick & Associates, P.C. – Evidence can quickly be lost or destroyed, significantly weakening your case. We will immediately investigate the accident to identify and obtain key evidence, such as surveillance footage or maintenance records.
What Evidence Can Prove Fault in a NYC Slip and Fall Case?
All successful slip and fall accident claims require substantial evidence proving that a dangerous condition existed, and the property owner or manager knew (or should have known) about it. You must also prove that they failed to fix or warn about the hazard and that you were injured directly due to their failure.
Evidence of fault in slip and fall accident cases commonly includes:
- Physical evidence – Proof of the hazard that caused your injuries, such as pieces of broken flooring or damaged tiles, broken steps, slippery floors, or torn carpet, typically documented through photos.
- Photos/videos – Visual evidence can be persuasive, including pictures and videos of the accident scene showing the hazard, lighting, the surrounding area, and visible injuries, or surveillance footage capturing the accident in progress.
- Past incident reports – If you document the hazard that caused your injuries through prior complaints or incidents, those reports can provide strong evidence of property owner negligence.
- Witnesses – Witnesses in slip and fall cases can be people who saw the accident with their own eyes or someone who saw the hazard before and can attest to the property owner’s failure to address it.
- Medical records – Medical documentation can prove the extent of your injuries and link them directly to the accident. These records can be crucial evidence as the property owner’s insurance company may downplay your injuries or claim they’re unrelated to the accident to avoid paying you.
Can Experts Help Prove Fault in Slip and Fall Accident Cases?
Expert witnesses can play a significant role in proving negligence in slip and fall incidents, particularly in disputed cases. Our law firm can work with experts to strengthen your claim, including:
- Safety and engineering experts – Civil or structural engineers can analyze the accident scene to determine whether safety codes were violated, helping establish liability. Flooring experts can explain how certain materials create unreasonable slip hazards without proper maintenance.
- Building maintenance experts – These professionals can testify about standard inspection schedules and cleaning procedures to help illustrate how the negligent property owner’s practices fell short of industry norms and created an unnecessary risk.
- Medical experts – Doctors can explain how your injuries were caused by the accident and detail how your recovery may impact your physical, mental, and emotional well-being going forward.
Will It Matter If the Property Owner Violated New York City Laws?
Violations of New York City building or safety codes can provide evidence of negligence in a premises liability claim. If the owner or manager broke a law designed to ensure public safety, the violation shows the danger they put you in.
Our attorneys will look at administrative codes, building code provisions, snow-removal laws, and other legal duties imposed on property owners to determine whether they violated any of them in your case.
How Long Do I Have to File a Lawsuit After a Slip and Fall in NYC?
Under New York law, you typically have three years from the date of the injury to file a slip and fall lawsuit. If your claim is against the City of New York or another government agency, you must file notice of the claim within 90 days and file your lawsuit within one year and 90 days.
Missing these deadlines can mean losing your right to recover the compensation you deserve. Acting quickly and contacting a skilled slip and fall accident lawyer is essential.
An Experienced NYC Slip and Fall Lawyer Is Ready to Help You
If you’ve suffered injuries in a slip and fall accident caused by someone else’s negligence, the experienced slip and fall accident attorneys at David Resnick & Associates, P.C., want to help.
Since our firm was founded in 1998, we’ve recovered over $180 million in settlements and verdicts for clients throughout New York City and Long Island, including many slip and fall accidents and other premises liability cases. We have the knowledge, experience, and dedication to justice you need to pursue the compensation you deserve. Contact us today for your free consultation with an experienced premises liability lawyer.
