Share

Bronx Personal Injury & Real Estate Blog

Monday, June 22, 2020

What Do You Need to Prove in a Slip and Fall Case?

Slip and falls can lead to serious and lasting impacts that affect your everyday life. Despite what you might have heard, however, being injured because you slipped and fell on someone else’s property does not necessarily mean that the property owner will be financially liable for covering your damages. The New York personal injury laws associated with slip and fall cases require certain things be proved prior to being able to recover monetary compensation from a property owner.

What Do You Need to Prove in a Slip and Fall Case?

In a successfully proven slip and fall case, the plaintiff will be eligible to receive compensation for damages incurred as a result of injury sustained in the slip and fall. This means that a plaintiff may be able to recover compensation for:

  • Medical bills
  • Lost wages
  • Loss of earning capacity
  • Cost of future medical treatment
  • Pain and suffering

In order to successfully prove your slip and fall case, however, several things must be proven. For instance, you must be able to prove that there was a dangerous condition on the owner’s property. What constitutes a dangerous condition is determined on a case by case basis. There is no set definition. There are, however, some dangerous conditions that tend to appear with some frequency in slip and fall cases. Environmental hazards, such as snow and ice are often found to be dangerous conditions. Liquid spills in walkways are also often found to be dangerous conditions. Additionally, structural defects on the property, such as uneven walkways and stairways in disrepair are also frequently determined to be dangerous property conditions.

It must also be established that the property owner knew, or should have known about the dangerous condition before the slip and fall occurred. This can be one of the most difficult elements to prove in a slip and fall case. Fortunately, a plaintiff can prove that the owner had actual knowledge of the dangerous condition, which would essentially mean that the owner admitted to knowing about the dangerous condition, or the plaintiff can prove constructive knowledge. Constructive knowledge means that the owner should have known about the dangerous condition prior to the slip and fall. The longer it existed and the more obvious the dangerous condition was, the easier it will be to establish constructive knowledge on the part of the property owner.

The landowner must have had enough time to fix the dangerous condition and make the property safe once again, but failed to do so. Finally, it must be established that the property owner’s failure to remedy the dangerous condition was the direct cause of your accident which led to your injuries. When you can prove all of this, then you have a successful slip and fall claim on your hands.

New York Personal Injury Attorney

The harm suffered in a slip and fall are real and can be severe. Proving a slip and fall case, however, can be complicated. You need a knowledgeable personal injury attorney with a history of successfully bringing slip and fall claims. At the Law Office of Ryan Goldstein, you will find legal counsel you can trust. We will work tirelessly for you and your right to be compensated for the harm you suffered in a slip and fall. Contact us today.


Archived Posts

2020
October
September
August
July
June
May
April
March
February
January
2019
December
November
October
September
August
July
June
May
April
March
February
January
2018
December
November
October
September
August
July
June
May
April
March
February
January
2017
December
November
October
September
August
July
June
May
April
March
February
January
2016
December
November
October
September
August
July
June
May
April
March
February
January



© 2020 Law Office of Ryan S. Goldstein, P.L.L.C. | Disclaimer
1084 Morris Park Avenue, 2nd Floor , Bronx, NY 10461
| Phone: (718) 239-0239

Practice Areas | Results | About Us

Law Firm Website Design by
Amicus Creative