How to Prove Liability in Slip-and-Fall Cases in New York

Slip-and-fall cases are common in New York, and they can have serious consequences. If you’ve recently suffered an injury from a slip-and-fall accident, you’ll know just how difficult it can be to prove fault. However, there are ways to prove liability in slip-and-fall accidents, and this blog post will provide you with the information you need to understand how to do so.

Prove duty of care

Before proving liability, you need to show that there was a duty of care from the property owner or occupier towards you. Property owners in New York have a legal obligation to ensure that their property is safe for visitors. This means that they must regularly inspect their property, make necessary repairs, and place warning signs where required. If the property owner has failed to carry out these obligations, then you can show that duty of care was breached, leading to your injury.

Prove negligence

To establish liability in slip-and-fall cases, you must prove negligence. You need to show that the owner of the property was aware of the slipping hazard or should have known that the hazard existed. They had ample opportunity to rectify the situation but failed to take any action. If the owner had taken measures to address the hazard, like fixing the wet floor promptly, then you might not have sustained the injury. Demonstrating the negligence of the owner is necessary to show liability.

Provide evidence

In personal injury cases, evidence is crucial to prove the extent of injuries sustained, the cause of the accident and who was at fault. Take photographs of the scene of the accident and all injuries you sustained. Also, get the contact details of any witnesses present at the time of the accident. You should also keep any medical records, including diagnostic reports of treatments received at the hospital or doctors’ offices. Furthermore, you could organize an expert witness who would demonstrate that the hazard was severe enough to cause the injuries.