New York’s commercial and residential property owners have a duty to keep their spaces safe for use, and if they fail to do so and you fall and suffer an injury as a result, you may have grounds for a personal injury case. If your case winds up going to trial, there are certain things you need to be able to prove to raise the chances of your effort proving successful.
Per the New York State Bar Association, the strength of your slip-and-fall injury claim depends on your ability to prove that the following four things are true.
1. That there was a defective condition
The first thing you need to show in a slip-and-fall case is that a defective condition on someone’s property caused you to fall and hurt yourself.
2. That a particular party was responsible for the condition
The second thing you must prove is that a particular home- or business owner was responsible for keeping the area where you fell safe.
3. That the property owner was aware of the defect
The third thing you must demonstrate is that the owner of the property with the defect was either aware of the defect and neglected to do anything about it or that he or she should have known about it and fixed it accordingly.
4. That professionals share your opinion
The fourth thing that may strengthen your case is showing that professionals such as architects or engineers share your opinion about what occurred and who was at fault.
Falls have the potential to lead to a host of serious injuries ranging from broken bones and fractures to back, head and neck injuries.