What Evidence Do I Need to Prove an NYC Slip and Fall Case?
NYC property owners owe people, who have a legitimate reason to be on their premises, a duty to keep it safe and clear of dangerous conditions– or to provide warnings. If someone is injured, that accident victim will have a right to recover damages in a slip and fall case. However, they must show evidence of their right to be on the property, the dangerous or unsafe conditions on the property, and how those conditions caused their injuries.
The New York slip and fall attorneys at Douglas and London represent individuals who have suffered injuries in slip and fall accidents in and around New York City. We have in-depth knowledge of the evidence that can be derived from the city’s resources. Further, we are skilled at using that evidence to recover the largest possible damages awards for our injured clients.
What must the evidence in an NYC slip and fall case demonstrate?
In every New York slip and fall case, the injured party’s personal injury lawyer must use the available evidence to show that:
- The property had a dangerous element or condition (e.g., broken pavement, an obscured hole in the ground, etc.) before the accident
- The property owner knew about the condition or could have reasonably discovered it
- The owner had time and opportunity to correct the dangerous condition but failed to do so.
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What kinds of evidence can prove fault in a slip and fall case?
The evidence in a slip and fall case will depend on the specific elements of the accident, the injuries, and the characteristics of the property where it happened. For example:
- Commercial properties often have logbooks and records of inspections, as well as procedures for how often inspections are done
- Slip and fall accident victims can use their mobile phones to photograph an unsafe condition that caused the accident
- Many businesses and private property owners maintain surveillance video that can show how a slip and fall accident happened
- Witness statements that are taken at the time of the accident or soon after it occurred can verify the presence of an unsafe condition
- The injured party’s medical records can show injuries that are consistent with tripping and falling
- Expert testimony may be necessary to reconstruct the accident scene and describe how an unsafe condition caused an accident.
What defensive evidence do property owners use in slip and fall accident cases?
Property owners typically defend against slip and fall allegations with arguments that are also specific to each case, including:
- The owner did not know about the unsafe condition or could not have discovered it with regular inspections
- The property owner knew about the hazardous condition but did not have sufficient time or opportunity to correct it (e.g., snow and ice accumulationfrom a storm that had not yet ended)
- The injured party was at least partially responsible for their injuries due to ignoring warnings about a dangerous condition or otherwise not being attentive to obvious hazards.
Experienced New York City slip and fall lawyers will investigate all details of every case to anticipate these and other defenses. They will use all available evidence to rebut the property owner’s defenses and to argue for the largest available damages award in every slip and fall lawsuit.
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Please see our website or call the NYC slip and fall lawyers at Douglas and London as soon as is possible after your accident. Even if your case seems to be strong and a property owner is liable for your injuries, the evidence that will be used to prove that liability can dissipate quickly after an accident. Call today for a free consultation.