What Must A New York Slip And Fall Attorney Prove In A Building Accident Case

Slip and fall accidents inside buildings can cause serious injuries and disrupt lives. When these accidents happen, victims often wonder what it takes to hold the property owner or manager responsible. A New York slip and fall attorney plays a crucial role in proving the case and helping injured individuals seek compensation. Understanding what the attorney must prove can clarify the legal process and set realistic expectations.

Establishing Duty of Care

The first step in any slip and fall case is showing that the property owner or manager owed a duty of care to the injured person. In New York, property owners have a legal obligation to maintain their premises in a reasonably safe condition. This duty applies to all visitors, whether they are invited guests, customers, or even trespassers in some cases.

For example, if you slip on a wet floor inside a grocery store, the store owner must have taken reasonable steps to prevent such hazards. This duty includes regular inspections, timely cleaning, and proper warning signs when hazards exist.

Proving Negligence or Breach of Duty

Once duty of care is established, the attorney must prove that the property owner breached this duty. This means showing that the owner failed to act as a reasonable person would under similar circumstances. Common breaches include:

• Failing to clean up spills or debris promptly

• Ignoring broken or uneven flooring

• Not placing warning signs near slippery areas

• Poor lighting that hides hazards

  
  

For instance, if a building manager knew about a leaking pipe causing a slippery floor but did nothing to fix it or warn visitors, that could be a clear breach of duty.

Demonstrating Causation

Next, the New York slip and fall attorney must connect the breach of duty directly to the injury. This means proving that the hazardous condition caused the slip and fall accident. It is not enough to show that the floor was wet; the injured person must demonstrate that the wet floor led to their fall and resulting injuries.

Evidence such as photos of the scene, witness statements, and medical records can help establish this link. For example, a witness might confirm seeing the injured person slip on a puddle that was left unattended.

Proving Actual Damages

A slip and fall case requires proof of actual damages. These damages can be physical injuries, medical expenses, lost wages, pain and suffering, or other losses caused by the accident. Without damages, there is no basis for compensation.

Medical records documenting injuries, bills for treatment, and records of missed work are essential to support this part of the case. For example, if a person broke their wrist in the fall and needed surgery, those costs and recovery time would be part of the damages.

It is also important that if you were involved in a slip and fall accident that you timely seek medical care after the occurrence of your incident. A delay in seeking medical care can be interpreteted that any injury associated with your slip and fall accident was not too serious.

Addressing Comparative Negligence

New York follows a comparative negligence rule, which means the injured person’s own actions are also considered. If the victim was partly responsible for the fall, their compensation may be reduced proportionally.

A New York slip and fall attorney will investigate whether the injured person was paying attention, wearing appropriate footwear, or ignoring warning signs. For example, if someone was running inside a building and slipped, their recovery might be reduced due to their own negligence.

Gathering Evidence and Building the Case

A strong slip and fall case depends on thorough evidence collection. New York slip and fall attorneys often gather:

• Photographs of the accident scene and hazardous conditions

• Surveillance footage, if available

• Witness statements from people who saw the fall or the hazard

• Maintenance records showing how often the area was inspected or cleaned

• Expert testimony on building safety standards

  
  

This evidence helps prove the property owner’s negligence and supports the claim for damages.

The Role of Timeliness

In New York, slip and fall claims must be filed within a specific time frame, typically three years from the date of the accident. This deadline is called the statute of limitations. In slip and fall accidents that involve government entities, the statute of limitations will be shorter than the typical three years for a regular property owner. Missing this deadline can bar the injured person from recovering compensation.

A New York slip and fall attorney will act quickly to investigate the case and file the claim on time. Prompt action also helps preserve evidence and witness memories.

Practical Example

Imagine a tenant in a New York apartment building slips on water that was tracked into the lobby because the building management failed to clean up the floor after the rain stopped or failed to take measures to warn you that the floor was wet. The tenant suffers a broken ankle and medical bills. To win the case, the injured tenant’s attorney must prove:

• The building management owed a duty to keep the lobby safe

• They breached that duty by not cleaing up the area or warning about the water on the floor area

• The wet and slippery floor caused the fall and injury

• The tenant suffered damages such as medical costs and lost income

• The tenant was not significantly at fault for the fall

  
  

This example shows how each element fits together to build a successful slip and fall claim.

Speak with a New York Slip and Fall Attorney

Understanding what a New York slip and fall attorney must prove helps victims know what to expect. It also highlights the importance of documenting the accident, seeking medical care, and consulting with a New York slip and fall attorney promptly. A well-prepared New York slip and fall attorney can navigate the legal process, gather evidence, and fight for fair compensation.

If you or a loved one has been injured in a slip and fall accident inside of a building, do not delay in getting legal advice. Be sure to contact an experienced New York Slip and Fall attorney as soon as possible. In many cases, you can recover significant compensation for your injuries and other losses associated with the accident. The Law Office of Dimitrios Kourouklis, Ph.D. has skilled New York Slip and Fall attorneys who are committed to helping victims recover. Our team of New York Slip and Fall attorneys will explain your rights, evaluate your case, and guide you through each step. To schedule a free consultation with one of our New York personal injury attorneys, please contact us online or call our office today at (929) 400-7608.