Nobody expects to be hurt in a slip and fall accident; this is why they are called accidents. However, though it’s easy to injure yourself on someone else’s property, winning a New York slip and fall case is not always so simple. Not every property owner is financially liable for your harm from slipping and falling – New York laws set out what you must prove to win your case and potentially recover damages.
Elements of Slip and Fall Cases
In New York, a property owner, manager, or landlord must keep their property safe and free of dangerous conditions or defects – this includes slip and fall hazards. To hold them liable, you must prove:
- There was a dangerous condition on their property
- They knew about the condition before the fall
- There was enough time to remedy the defect before your accident, but the defect was not corrected
- The failure to correct the defect caused your accident and injuries
It can be difficult to establish if the owner had prior knowledge of the dangerous condition, so courts will accept actual or constructive knowledge as sufficient to satisfy the element. If the owner won’t admit they knew about the condition – or no evidence exists proving they explicitly knew – constructive knowledge will be necessary.
Constructive knowledge means the owner will be presumed to know about the condition because they should have known about the condition before your accident. This can be proven if you can establish, for example, that the condition existed for a long time and was not corrected, or if a reasonable inspection schedule in a high-traffic establishment like a fast food restaurant or supermarket.
Dangerous conditions are usually determined on a case-by-case basis in New York. However, some common dangerous conditions leading to slip and falls include:
- Broken, missing, or uneven steps
- Uneven, cracked, or loose floors
- Spilled liquids
- Snow and ice
- Loose carpet
Contact a Long Island Slip and Fall Lawyer
If you or a loved one have been hurt in a fall due to dangerous conditions on someone else’s property, contact the experienced Long Island slip and fall attorneys at the Falkowitz Law Firm, PLLC today to see if you may be entitled to compensation. We have spent years fighting for clients like you to recover the maximum possible compensation and get their lives back on track.
Contact us 24 hours a day, 7 days a week at (844)-385-4279 or through our Contact Page to schedule a free, no-obligation consultation. Let us answer your questions and get started right away so you can focus on recovering from your physical and emotional injuries.
Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.