How to Prove Negligence in a Slip and Fall Accident

When you think about slipping and falling, you might picture a very minor injury. And while it’s possible to slip and fall without suffering any kind of serious injury, it’s also possible to suffer life-altering harm. If that has happened to you, you may understandably want to pursue the responsible party for compensation. 

Unfortunately, suffering a major injury is only part of a personal injury claim. If you want your slip and fall accident claim to be successful, your legal team must be able to prove that another party was negligent. Here’s a look at how to do that. 

What Does Negligence Mean?

Most people know that if a person was negligent, it means they failed to be careful. However, the legal definition of negligence is more specific. Under New York law, in order to prove that someone was negligent, you must prove the following: 

The Person or Organization Had a “Duty of Care”

This means that the responsible party had a duty to act in a certain way. For example, if you visit a store, the store owner or manager has a responsibility to maintain a safe environment. If there is some kind of unavoidable hazard — like a roof leak that will be fixed later that day — the owner has a responsibility to warn you or protect you. That might mean roping off the area and placing a container to catch any dripping water. 

They Failed in That Duty

Unfortunately, property owners and others responsible for maintaining safe premises sometimes fail to do so. These are some common failures that often lead to slip and fall cases: 

• Wet floors with no sign or other warning
• Unshoveled ice or snow
• Uneven pavement
• Loose floorboards
• Loose or missing handrails
• Poor lighting

Proving that someone failed in their duty of care is essential in a slip and fall case. For instance, if you slip on an unmarked wet floor at a store and suffer an injury, there was a clear failure in that duty of care (usually called a “breach” of duty of care in a legal context). 

However, if you trip over your own feet and suffer a major injury, you likely would not be able to prove that the owner or manager breached their duty of care.  

That Failure Was the Direct Cause of Your Injury

The whole idea of a premises liability/slip and fall case is that you were injured because of someone else, so it’s only logical that your legal team must prove that the breach of duty of care mentioned above actually caused your injury. 

For example, suppose that you’re walking into a local business when you slip on black ice and fall, breaking your arm. In this case, there’s a clear connection: you broke your arm as a direct result of slipping on the black ice, and you slipped on the black ice because the business owner did not attempt to remove the ice or otherwise protect you and other customers. 

You Suffered Losses as a Result of That Injury

Many people think that if they slip and fall on a wet floor or other hazard, they will automatically have a successful claim against the property owner. However, to prove negligence, you must be able to prove that you have suffered actual harm because of your injury.  

“Damages” refers to the compensation you seek to pay for your losses. In slip and fall cases, injured people often suffer financial losses like these: 

• Medical bills
• The cost of medical equipment (wheelchairs, crutches, etc.)
• The cost of both prescription and non-prescription medication
• The cost of transportation to medical appointments
• The cost of rehabilitation and ongoing therapies
• The cost of hiring childcare or in-home help
• The earnings you lost as a result of being unable to work

In some cases, you might be able to recover damages for physical pain and other non-monetary losses. Determining your case’s potential value is almost never straightforward, but when you schedule a consultation with us at Silberstein, & Miklos, we can give you an idea of what your case might be worth. 

Have You Been Hurt in a Slip and Fall Accident?

If you’ve been seriously injured because someone else failed to maintain safe premises, you shouldn’t have to handle the repercussions of your injury alone. You deserve to be compensated for the cost of medical care, the financial impact of being unable to work, and the immense physical and psychological stress of a serious injury. 

At Silberstein & Miklos, we’re committed to protecting the rights of injured New Yorkers like you. Please give us a call or contact us online to set up a free consultation.