Proving a New York Premises Liability Case

When a faulty condition causes you to hurt yourself while visiting someone else’s New York property, you may wish to take the responsible party to court to help cover some of the medical and other expenses that resulted from the incident. When making a claim for compensation after a slip-and-fall accident, there are certain things you must prove for your claim to be successful.

According to the New York State Bar Association, the four specific things you must prove when making a claim for a fall-related injury are as follows.

1. THAT A FAULTY OR DEFECTIVE CONDITION EXISTED

The first thing you have to prove when making a case for a slip-and-fall injury is that there was a defective condition on the property at the center of the matter. That condition could be anything from a puddle on the floor to a patch of ice on the sidewalk.

2. THAT A CERTAIN PARTY WAS RESPONSIBLE

After showcasing that a defective condition existed that caused you to fall, you then need to show who was responsible for the defective condition and whose job it was to keep the property safe for use.

3. THAT THE PROPERTY OWNER KNEW ABOUT THE CONDITION

The third thing you need to prove in a New York premises liability case is that the property owner had knowledge of, or should have had knowledge of, the condition, but neglected to fix it.

4. THAT AUTHORITIES AGREE WITH YOU

Finally, you may need to show the court that others in authoritative positions (such as structural engineers) agree with you about how your injury occurred.

The more evidence you have to show that the above four elements hold true, the better your chances of making a successful slip-and-fall claim.