Why Are Slip and Fall Cases So Hard to Win?

Difficulties of a Slip and Fall Case

A store owner does not fix a broken step or place a caution sign above the stairway. While walking upstairs, you slip, fall, twist your ankle, and break a wrist. Is the property owner liable for your injuries? What if you were using your cell phone at the time of the fall? Do you still have a valid claim? The answer to these questions could have a huge impact on your future well-being.

Slip and fall cases involve injuries a victim suffered because they slipped, tripped, or fell due to dangerous conditions on someone else’s property. Although they may seem straightforward, these cases take a lot of work to win due to the complex nature of New York’s premises liability laws. Still, there are steps you can take to improve your chances of winning a slip-and-fall case in New York, including working with an experienced attorney who has a track record of success. To learn more, contact David Resnick & Associates, PC for a free consultation.

Why Slip and Fall Liability Can Be Hard to Prove

Establishing liability in slip and fall cases can be difficult because of the complicated nature of premises liability laws. To be successful, the plaintiff (the injured party) must establish that the defendant (the property owner or occupier) did all of the following:

It is not enough to show that you slipped and fell. You must show that the accident was due to the property owner’s negligence.

Proving Negligence in a New York Slip and Fall Case

New York State requires property owners to maintain safe premises and to warn guests and visitors about potential hazards. However, the nuances of the case law surrounding this requirement make proving negligence in a New York slip and fall case challenging. You must show that the property owner was responsible for maintaining the property (known as a duty of care), failed to make repairs in a reasonable time, and did not warn you of the danger.

At the same time, property owners can use several defenses to reduce their liability, such as:

Determining who could be liable for your injuries might require an independent investigation, which an experienced attorney can conduct on your behalf.

How Our NY Slip and Fall Lawyers Can Help You Build a Strong Case

An experienced slip and fall lawyer understands how to build a strong case. They know the complicated New York State laws governing such claims, many of which are found in the rulings judges issued in previous cases. Our New York City slip and fall attorneys have the resources to investigate the incident, collect evidence, and accurately calculate the harm you suffered. A slip and fall attorney can also negotiate with the insurance company for a settlement and, if necessary, represent you in court.

We Get Results

David Resnick & Associates, PC has over two decades of experience helping injured New Yorkers recover money after they were injured because of the negligence of others. Although each claim is different, and slip and fall cases can be hard to win, these successful outcomes speak to the high quality of the legal help we offer our clients:

Our experienced personal injury attorneys know how to win a slip and fall case. Learn more about how we can help when you call for your free case review.

Increase Your Chances of Winning a Slip and Fall Case by Taking These Crucial Steps

There are no “open and shut” slip and fall cases. However, working with an experienced attorney can help improve your chances of recovering compensation. Here are steps to increase your odds of winning your slip and fall case:

It is also imperative that you pursue legal action promptly. In New York, the statute of limitations for filing a slip and fall lawsuit is three years from the accident date. However, you could have as little as six months to take action in some cases. Act quickly and consult with a lawyer as soon as possible to ensure you do not miss this critical deadline.

How NY Comparative Negligence Laws Factor into a Claim

New York follows a comparative negligence rule, meaning you can still pursue compensation if you were partially at fault for your injuries. However, your compensation is also reduced by your percentage of fault. For example, if you are 20 percent at fault for slipping and falling on someone else’s property, your financial recovery is reduced by 20 percent.

Contact David Resnick & Associates to Speak with an Experienced Slip and Fall Lawyer

If you are hurting after a slip and fall accident caused by a negligent property owner, you deserve an experienced attorney to fight for you. The dedicated New York slip and fall lawyers with David Resnick & Associates, PC understand why slip and fall cases are difficult to win, but we can work tirelessly for a favorable outcome in your case. Our legal advocates can navigate the complexities of your case and pursue maximum compenation for the harm you suffered. Contact David Resnick & Associates, PC today for a free consultation.