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4 things you must prove in a slip-and-fall case

On Behalf of | Apr 21, 2021 | Slip/Trip & Fall Accidents

When a fall leads to a serious injury and another person or entity was responsible for the fall, you may seek to hold that party accountable for your medical and other expenses. To prove responsibility in a New York slip-and-fall case, there are four specific things you must prove.  

Per the New York State Bar Association, proving liability in a slip-and-fall case involves demonstrating the following.  

That there was a defective condition

Any number of environmental factors may constitute a defective condition. Common examples include icy sidewalks or walkways, cluttered stairwells, loose wiring or slippery floors, among others.  

That a specific party was responsible for the condition

Once you show that a hazardous condition existed, you need to show how and why a particular party was responsible for taking care of it.  

That the responsible party was aware of the dangerous condition

Proving that a particular party was responsible for your injury requires you to show that the party was aware of the condition in the first place. This requires you to show how the property owner had “actual knowledge” or “constructive notice” of the defect or hazard that caused your fall.  

That experts agree with your assertion

Having experts agree with your version of events and your view of who is responsible for your fall may strengthen your case. You may need to enlist the aid of an engineer or someone who has knowledge of building or municipal codes, depending on circumstances.  

A property owner has a duty of care to keep the property safe for use. This holds true regardless of whether you or others using the space have risk factors in place that may make you more susceptible to falls.