When you fall and hurt yourself because a New York property owner was negligent, you may look to that property owner to pay for your medical care and other associated expenses. If the property owner fails to do so and you wind up taking him or her to court, there are certain things you must prove for your case to be successful.
Per the New York State Bar Association, you should be able to show the following when making your case about a fall-related injury.
1. That there was a defective condition
A defective condition has to exist for your slip-and-fall case to potentially prove successful. Falling as a result of clumsiness, rather than some type of environmental hazard, is not enough to warrant a lawsuit. However, if you fall because of something like a wet floor in a store or a sheet of ice in a parking lot, you may have grounds for a case.
2. That a particular party was responsible for the condition
You also need to show that a particular individual or business was responsible for maintaining the area where you fell and keeping it safe for use.
3. That the responsible party knew about the condition
Making your slip-and-fall case may also involve demonstrating that the party responsible for the defective condition either knew about it or should have known about it.
4. That others agree with you
Your slip-and-fall case may have more merit if you find certain types of professionals, such as engineers or architects, who agree with your claims.
Property owners have a duty to keep their spaces safe for use. If they fail to do so and you are able to demonstrate the four things outlined above, it may strengthen your chances of a successful injury claim.