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  • Writer's pictureLeitner Varughese Warywoda

How to Prove Your Slip and Fall Claim?

Getting injured in a slip and fall accident on someone else's property can be a frustrating and stressful experience. However, things can get even more complicated if the property owner or their insurance company are not willing to compensate you and you do not know how to prove your slip and fall claim.

Our New York slip and fall lawyers at Leitner Varughese PLLC provide legal assistance to people who sustain injuries in slip, trip, and fall accidents. We can help you establish the property owner's liability and gather the necessary evidence to prove your claim.

Elements to Prove the Property Owner's Liability

In order to prove liability in your slip and fall claim, you will need to establish four elements:

  • Duty of care. The property owner has a responsibility to maintain a safe environment for visitors and customers. This means they must regularly inspect and repair any hazards that could potentially cause harm.

  • Breach of duty. If the property owner knew about a hazard and failed to take action, or if they should have known about a hazard but failed to inspect the area, they have breached their duty of care.

  • Causation. You must prove that the property owner's breach of duty caused you to slip and fall.

  • Damages. You must show that you suffered actual damages as a result of the accident, such as medical bills, loss of income, and others.

When pursuing a slip and fall claim in New York, you need to be aware of the state's statute of limitations. The standard time limit for personal injury cases, including slip and fall claims, is three years from the date of injury or diagnosis date (New York Civil Practice Law & Rules § 214(5)).

Evidence You Need to Prove a Slip and Fall Claim

To effectively prove your slip and fall claim, you will need to gather specific evidence.

  • Photos and videos. Take photos and videos of the area where the accident occurred, including any hazards that contributed to your injury. Be sure to capture the conditions of the area as they were at the time of the accident.

  • Witness statements. If there were any witnesses to the accident, collect their contact information and ask for their statements regarding what they saw. These witness testimonies can support and strengthen your case.

  • Medical records. Your medical records should include any treatments, diagnoses, and prognoses related to your injuries sustained from the slip and fall accident.

  • Proof of lost income. If you missed work or suffered a loss of income due to your injury, you'll need to provide documentation to prove it. This documentation may include pay stubs, tax returns, and employment records.

Hiring a knowledgeable lawyer is essential in proving your slip and fall claim. A lawyer can assist you in gathering evidence and helping you determine the value of your claim to pursue maximum compensation for your losses.

Injured in a Slip & Fall Accident? Contact Leitner Varughese PLLC

If you have been injured in a slip and fall accident, you have the right to pursue compensation for your losses. However, you need to know how to prove your slip and fall claim to achieve the best possible outcome for your case. Our lawyers at Leitner Varughese PLLC can help you obtain the compensation you deserve if you were injured in a slip and fall accident. Call 212-671-1110 for a free case evaluation.


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