When someone else’s actions cause you to fall and suffer a serious injury in New York, you may look to the negligent party to help cover your medical and other expenses as you recover. Proving fault in a slip-and-fall case requires you to show that several specific things occurred.
Per the New York State Bar Association, you may strengthen your slip-and-fall case if you are able to prove the following four things.
1. That there was a defective condition
The first thing you need to show in a premises liability case is that a defective condition played a major role in your fall. Possible examples of defective conditions might include cluttered stairwells, wet store floors or potholes in parking lots.
2. That a particular party was responsible for the condition
Next, you need to show that a particular party or entity was responsible for eliminating the defective condition that caused your fall and keeping the property safe for use.
3. That the responsible party had knowledge of the condition
You also need to show that the party responsible for the condition or defect either knew about it or should have known about it.
4. That relevant parties concur
You may want to use structural engineers, architects or others who may help argue your side and drive home the point that the condition in question caused your fall.
When you are able to prove that the four factors outlined above played a role in your fall, you may have a good chance of winning your case.