Proving Negligence In A Slip And Fall Case In Harlem And Beyond

April 24, 2024

You may be wondering how to establish negligence in a personal injury lawsuit if you have been injured in a slip and fall case.

However, this isn’t often so simple, and proving it is your only hope of getting the maximum compensation. Even though you know that some person is totally to blame for your injury, you will still need to provide proof to support your compensation claim. An attorney can help you with investigating your accident and collecting evidence to support your claim. So, here are some essential steps to take to prove negligence in a slip-and-fall case.

Proving negligence

If an unsafe and defective condition was present on someone’s property and you were injured because of it, you may have a negligence case. But you have to back up your claim with the following:

  • The property owner had a duty of care.
  • They violated their responsibility
  • This caused your injuries
  • You have financial losses and physical and emotional pain because of an accident

The owner has a responsibility to keep their property in a reasonably safe condition and promptly address any hazards. If something happens to you, their main argument will be that you have been partially or totally to blame for the accident. So, to establish their negligence, you must show that:


  • The property owner was aware of the potentially harmful situation.
  • Even though they were aware of this, they chose to ignore it.

Timing is also very significant in slip and fall cases. For example, if a hazardous situation has been there for some time, and the property owner failed to address it, consider filing a claim.

Legal help

Get in touch with an attorney if you want to find out what steps you need to take to establish negligence in a slip-and-fall lawsuit. Lawyers will fight that you should not be held financially responsible for harms and losses that are the result of another person’s negligence or carelessness. You can feel more secure and at ease if you have a abogado de resbalon y caida (slip and fall lawyer) by your side, as they will advocate for your rights, whether you want to settle out of court or decide to go to trial. Also, do not put off seeking legal help, as there is probably a deadline by which you must submit a lawsuit. If you fail to do so, you risk losing all legal recourse for your injuries. Make sure you don’t give up fighting for your recovery, both financially and emotionally. 

Types of damages

If you were hurt in a slip and fall accident, you can get financial compensation for things like:


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  • Compensation for time away from work
  • Costs associated with medical care, including rehabilitation and medications
  • Discomfort and misery
  • A decline in life quality

Keep in mind that you must prove you were hurt if you want to prove someone’s carelessness. You can provide proof of these costs by submitting medical bills, doctor’s testimony, or photos.

Common causes of slip and fall accidents

Over a million people visit hospital emergency rooms every year because of these accidents. Restaurants, supermarkets, shops, and homes are just a few examples of public and private spaces where slip-and-fall accidents frequently happen. Some of the most common causes of these accidents include:

  • Damp or over-waxed flooring
  • Damp floors without any warning signals
  • Food and drink spills
  • Damaged or cracked floors
  • Missing or damaged handrails and stairs that are not adequately maintained
  • Inadequate lighting
  • Congested or blocked passageways
  • Parking lots and walkways covered with ice or snow
  • Sidewalks with cracks or elevated surfaces
  • Loose stones on roads.

Regular inspections, securing possible tripping hazards, cleaning up spills, and fixing faulty conditions can help prevent any dangerous injuries. When owners do not promptly address harmful situations, they can be held legally responsible if a victim sustains injuries on their property. 

Notice of the danger

It can be really challenging to establish notice in this kind of lawsuit. The company will most likely generate an incident report when something like this happens. The length of time a property owner knew about a dangerous situation that resulted in an accident is one piece of information that can reveal what happened on commercial property. There can also be surveillance footage from the spot where the accident happened that might reveal how much time passed after the risky situation became obvious. So, incident reports and security camera footage are often crucial pieces of evidence when trying to establish that a property owner knew about the dangerous risks on their property and did nothing to prevent accidents.

Warning post

It’s common practice for property owners to post warning signs when they become aware of a dangerous situation that they cannot fix immediately. For example, if a public walkway is under construction, the local government must inform the public of the potential danger of the project by posting appropriate signs, roped-off zones, and other similar measures. Another option is to post ‘Caution’ cones to warn customers that the floors are wet and slippery.

Important pieces of evidence to collect

Witness reports: Collect testimonies from witnesses. Whether anybody was there when your accident happened, you should ask if they would like to testify. This information can be valuable to identify who is at blame and what exactly caused the accident.

Surveillance footage: If the slip and fall happened in a commercial location, CCTV footage can document the incident. Get in touch with the homeowner or their insurance company to get access to the surveillance video. 

Medical records: Your medical records contain important evidence of the extent of your injuries if you seek medical attention after the accident.

Accident report: The authorities or emergency medical services will file an accident report when they come to the scene. This includes details on your injuries, the events that caused your fall, and the setting in which the accident took place. 

To win a negligence claim, you have to prove each component of carelessness and adhere to court regulations and timeframes. Skilled attorneys know how to present evidence in the most compelling way possible, increasing the chance that others will acknowledge your case’s value, so contact them and fight for your rights.


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