Slip and Fall Accidents: Who Is Liable & How to Prove Negligence

Slip and fall accidents can cause serious injuries and result in costly medical bills, lost wages, and long-term suffering. If you’ve been injured on someone else’s property, you may be entitled to compensation through a premises liability claim. Understanding who is liable and how to prove negligence is key to winning your case.

Common Causes of Slip and Fall Accidents

Slip and fall accidents often occur due to unsafe property conditions that should have been addressed by property owners or managers. Some of the most common hazards include:

• Wet floors and slippery surfaces (e.g., spills in grocery stores, freshly mopped floors without warning signs)
• Uneven sidewalks and flooring (e.g., cracked pavement, loose tiles)
• Poor lighting in stairwells and hallways (e.g., burned-out bulbs creating visibility issues)
• Cluttered walkways and obstacles (e.g., debris in retail stores, wires across floors)
• Loose rugs or broken handrails (e.g., staircases with missing or unstable railings)

Did you know? New York property owners are legally responsible for ensuring their premises are safe for visitors. If they fail to fix hazards or warn the public, they can be held liable for injuries.

How to Prove Negligence in a Slip and Fall Case

To win a slip and fall lawsuit, you must prove the property owner was negligent. This involves demonstrating the following:

1. A Dangerous Condition Existed – The property had a hazardous condition that posed a risk to visitors.
2. The Property Owner Knew or Should Have Known – The owner was aware (or should have been aware) of the danger but failed to address or warn visitors.
3. The Hazard Caused Your Injury – You must show that the unsafe condition directly caused your fall and led to injuries.

Tip: If you were injured in a slip and fall accident, take photos of the hazard, gather witness statements, and report the incident to property management as soon as possible.

Who Can Be Held Liable in a Slip and Fall Case?

Liability in a slip and fall accident depends on where the accident occurred:

• Business Owners & Retail Stores – Responsible for maintaining clean and hazard-free premises. Common cases include supermarkets, shopping malls, and restaurants.
• Landlords & Property Managers – Must keep rental properties safe for tenants and visitors.
• Government Entities – Liable for accidents on public sidewalks, parks, and municipal buildings (special filing deadlines apply).
• Private Homeowners – If you were injured at someone’s home, their homeowner’s insurance may cover your claim.