Slip and fall accidents can lead to serious injuries, from hip fractures to traumatic brain injuries. These injuries can disrupt your life, force you to take time off work, and leave you with high medical bills. When your fall happens because a property owner didn’t fix a hazard, you may have the right to seek compensation. But to win your case, you must prove the property owner’s negligence caused the accident.
Davidoff Law Personal Injury Lawyers helps injured clients file strong slip and fall claims. Our team knows what it takes to show that the fall occurred because of a dangerous condition that was ignored or left unfixed. We gather strong proof, explain your rights, and fight for the monetary compensation you need. If you've been hurt on private property or any public space, we're ready to help you build a strong case and prove liability.
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What Is Negligence in a Slip and Fall Case?
Negligence in a slip and fall case means the property owner failed to take proper steps to keep their space safe for others, especially when they knew or should have known about a dangerous condition that could hurt someone.
In most slip and fall accidents, a person falls because of something that should have been cleaned, fixed, or warned about, but wasn’t handled in a timely manner. A fall claim depends on showing that the property owner owed you a legal duty to keep the area safe, and they failed to do that by not using reasonable care.
Whether you fell on stairs, in a grocery store, or outside a building, if a hazardous condition caused your injury, the law allows you to hold the property owner accountable. It’s not enough that a fall incident happened, you must prove the property owner fails to take proper steps to fix the issue before your fall occurred.
Why Proving Negligence Is Key to Winning Compensation
In any fall lawsuit, proving negligence is what allows you to recover compensation. You must show that the property owner’s negligence led directly to your injury. Without this, the insurance company may deny your claim.
A strong case needs clear proof that the fall accident didn’t just happen—it happened because of the property owner’s failure to keep their property safe.
Property Owner’s Duty of Care Explained
Every property owner has a duty to keep their property free from potential tripping hazards. They must fix problems, warn visitors, and inspect their space regularly. If the property owner owed you that duty but failed to meet it, and you got hurt, that’s where liability starts.
A personal injury attorney can help prove that the property owner's negligence caused your injuries.
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The Four Elements You Must Prove
To succeed in a slip and fall lawsuit, you need to prove four things clearly. These are the foundation of any personal injury claim and help show why the injured party deserves compensation.
Duty: The Property Owner Had a Legal Obligation
The property owner owed you a duty to keep the premises safe. If you were invited onto the property or allowed to be there, they had a legal duty to fix dangers or give clear warnings.
Breach: The Duty Was Violated
A fall attorney must prove that the owner broke this duty. Maybe they ignored a wet floor or didn’t fix broken stairs. That dangerous condition existed, and they failed to act.
Causation: The Breach Directly Caused the Fall
You must show the hazardous condition caused your fall accident. You didn’t just fall—it happened because the property owner did not address the issue in time.
Damages: You Suffered Measurable Harm or Loss
To win your injury claim, you need to show how you suffered harm. This includes medical bills, lost time at work, or pain from your fall injuries.
Common Conditions That Show Negligence
Certain conditions on a property often show that the owner was careless. These are warning signs in many slip and fall cases, and they can help you prove fault and file a strong fall claim.
Wet Floors Without Warning Signs
Spills, leaks, or cleaning without signs make walkways unsafe. If no one cleaned it or warned you, that’s negligence.
Broken Stairs or Loose Handrails
Falls often happen because of broken stairs or handrails that give out. These are major safety issues and often lead to a strong fall lawsuit.
Poor Lighting in Walkways
When lighting is too dim, it’s hard to see obstacles. Poor lighting is a hazardous condition that should be fixed right away.
Snow or Ice Not Properly Cleared
In winter, property owners must clear snow and ice. If not, walkways become slippery and dangerous.
Uneven Sidewalks or Flooring
Cracked sidewalks or lifted tiles are potential tripping hazards. If they’re not fixed in a timely manner, the owner could be liable.
Key Evidence That Helps Prove Negligence
Winning your slip and fall claim means gathering evidence to show how and why the fall occurred. The more proof you have, the harder it is for the insurance company to deny your case.
Photos and Videos of the Scene: Clear pictures or security camera footage can show the hazardous condition at the time of your fall incident.
Incident Reports or Complaints: If others reported the issue before your fall, that helps prove the property owner knew but did nothing.
Witness Statements: People who saw the fall occurred can confirm what caused it. Witnesses are powerful tools in any slip and fall lawsuit.
Maintenance or Inspection Records: If records show missed checks or ignored problems, it supports your negligence claim and helps prove fault.
Medical Records Linking Injury to the Fall: Medical documents and hospital bills help show your injuries came from the slip and fall incident, not something else.
Defenses Property Owners May Use
In many slip and fall accidents, property owners try to avoid blame. They may use these common defenses to reject your personal injury case or lower your monetary compensation.
1. You Were Trespassing: If you didn’t have permission to be on the property, the owner might claim they had no duty to protect your own safety.
2. The Danger Was “Open and Obvious”: They may say the hazard was clear to see, and a careful person would have avoided it.
3. You Were Distracted or Careless: Some owners claim you were on your phone or not watching where you walked, which shifts the blame to you.
4. They Had No Time to Fix the Hazard: They might argue the danger had just appeared, and they didn’t have a chance to fix it in a timely manner.
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FAQs
1. How do I prove the property owner was responsible for my fall?
You need to show the property owner knew or should have known about the hazardous condition and didn’t fix it. This involves gathering evidence like photos, police reports, and medical documents.
2. What types of damages can I claim in a slip and fall lawsuit?
You can claim medical bills, lost wages, pain, and reduced future earning capacity. A fall lawyer can help value your injury claim and demand full monetary compensation.
3. How long do I have to file a fall claim in New York?
In New York, you usually have three years to file a fall lawsuit, but it’s best to act fast. Early action helps preserve evidence and protect your rights.
4. What if the insurance company denies my slip and fall claim?
If your slip and fall claim is denied, a personal injury lawyer can help you appeal and build a stronger case. Don’t take the first no as the final answer.
5. What does it cost to hire a slip and fall lawyer?
Most slip and fall lawyers work on a contingency fee basis. That means you pay nothing upfront and only pay if they win your case.
Contact Our Slip and Fall Accident Lawyer for a Free Consultation
If you’ve been hurt in a slip and fall, you don’t have to deal with it alone. At Davidoff Law Personal Injury Lawyers, our personal injury law firm helps injured people hold property owners accountable. Whether your fall occurred in a store, on a sidewalk, or on private property, we’re here to help you build a strong case. Our team understands how to prove fault, gather compelling evidence, and deal with the insurance company so you can focus on healing.
We take the time to explain your rights and help you file a strong personal injury claim. You may be entitled to monetary compensation for medical bills, lost income, and more. We offer a free consultation and don’t charge unless we win. Contact our law firm today and let a skilled fall lawyer fight for you.
