Godosky & Gentile, P.C. Attorneys at Law

One Of New York City’s Most
Prominent & Respected Litigation Law Firms

How do you prove liability in a slip and fall case?

On Behalf of | May 27, 2022 | Premises Liability

Slip and fall injuries account for many hospital trips in the United States. According to the National Floor Safety Institute, slip and falls cause 1 million visits to the hospital each year.

If you suffered a slip and fall injury at a business or residence, there is a good chance someone’s negligence attributed to your accident. There are three common ways to prove liability in a premises liability case. See below to learn about each one.

1. Common sense

The owner or person who takes care of the property should reasonably have known about the danger and done nothing about it. This is the most common form of liability but is also challenging to prove because the concept relies on common sense.

2. Knowledge of the danger

The owner or employee knew about the danger and did not act upon it. If you have proof of the other party’s knowledge, it is much easier to determine liability. The case does not rely as much on the judgment of the courts.

3. Directly causing the danger

Finally, you have a premises liability case if the owner or person employed directly causes the dangerous environment. Most businesses have a surveillance system, and a court might order the owner to turn over the evidence. If they destroy the evidence, the property owner might face legal consequences.

Unfortunately, many business owners do not take proper care of their walkways. If you believe a slip and fall injury is the property owner’s fault, never admit any guilt. Keep your information to yourself to stand the best chance of receiving the damages you deserve.