How Do You Prove Negligence in Slip and Fall Injury Cases?
March 29, 2023 in Personal Injury
Every year, slip and fall injuries send more than 1 million people to the emergency room in the U.S., making them one of the most common reasons for premises liability claims nationwide. Property owners are responsible for keeping the property free from slip and trip hazards. Failure to do so is negligence and can result in personal injuries. Below, the attorneys at SPBMCC discuss how to prove negligence after a slip and fall accident.
Proving Negligence After a Slip and Fall Injury
To prove negligence in slip and fall injury cases, the plaintiff (the injured person) typically needs to demonstrate four elements:
Duty of Care: The property owner had an obligation to provide a reasonably safe environment for visitors, which included taking reasonable measures to prevent slip and fall accidents.
Breach of Duty: The property owner breached this duty of care by failing to take reasonable measures to prevent the slip and fall accident. This breach of duty of care by property owners could include a restaurant failing to clean up a spill, a grocery store failing to warn of hazardous conditions like wet floors, or failing to maintain a property in a generally safe condition.
Causation: The property owner’s breach of duty was the direct cause of the slip and fall accident and resulting injuries.
Damages: The plaintiff suffered actual injuries from the slip and fall accident, including medical expenses, lost wages, and pain and suffering.
Gathering Evidence After Being Injured in a Slip and Fall Accident
You may need to provide evidence such as witness statements, photos or videos of the hazardous condition, maintenance records, and medical records to prove these elements. It is essential to act quickly after the accident to gather evidence and document the scene, as property owners can quickly clean up hazardous conditions or make repairs.
If you can successfully demonstrate all four elements of negligence, it may be possible to recover damages from the property owner for injuries and other losses. However, slip-and-fall claims can be complex, and the outcome will depend on each case’s specific facts and circumstances. If you have injuries from a slip or trip and fall in NYC, contacting a slip and fall attorney is important to discuss your rights and options.
Examples of Slip and Fall Injuries
Slip and fall accidents can occur for several reasons, leading to painful and sometimes devastating injuries. Whether your injury is minor or major, if you were hurt due to the negligence of a property owner you may be eligible for compensation.
Some of these injuries include:
- Broken Bones
- Soft Tissue Injuries
- Traumatic Brain Injuries
- Hip Fractures
- Sprained Ankles or Wrists
- Spinal Cord Injuries
- Neck Injuries
- Knee Damage
Contact a New York Slip and Fall Attorney Today
As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C. specialize in all areas of personal injury. Our dedicated litigation teams diligently represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey. Contact us today to learn more about our firm or schedule a consultation with an attorney.