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What evidence is necessary in slip-and-fall cases?

On Behalf of | Mar 10, 2025 | Slip/Trip & Fall Accidents

Slip-and-fall cases require strong evidence to prove liability and secure fair compensation. If you suffer an injury in a slip-and-fall accident, gathering the right proof can make a significant difference in your case. In New York, property owners must keep their premises safe, and the proper evidence can help show if they failed to do so.

Photographs and videos

Visual evidence provides strong proof in slip-and-fall cases. Take clear photos or videos of the hazard that caused the fall, such as wet floors, uneven pavement, or poor lighting. Capture multiple angles and include surrounding conditions to provide context. If security cameras record the incident, request the footage as soon as possible before deletion.

Incident reports and witness statements

If you fall in a business or public place, report the accident immediately to a manager or property owner. Request a written incident report and keep a copy for your records. Witness statements add credibility to your claim. If anyone sees your fall, ask for their contact information and a brief statement about what they observed.

Medical records and bills

Medical documentation connects your injuries to the accident and shows the extent of harm. Seek medical attention immediately, even if injuries seem minor. Keep records of doctor visits, diagnoses, treatment plans, prescriptions, and medical bills. These records show the physical and financial impact of the accident.

Proof of property owner negligence

To establish negligence under New York law, you must show that the property owner knew or should have known about the hazard and failed to fix it. Maintenance records, past complaints, or evidence of long-standing hazards prove negligence. If applicable, request inspection reports or maintenance logs to determine whether the hazard had previous reports or went ignored.

Clothing and footwear

Preserve the clothing and shoes worn during the fall, as they serve as evidence. If your clothes are torn or wet, they support your version of events. Footwear can also show whether unsafe conditions caused the fall rather than inappropriate shoes.

Don’t overlook key details

Small details often make a big difference in slip-and-fall cases. Note the time and date of the accident, weather conditions, and the presence of warning signs. Keeping a personal account of the incident while memories remain fresh strengthens your claim.

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