What Kind of Evidence Do I Need to Win a Slip and Fall Lawsuit in New York?

Even those completely unfamiliar with the legal process in New York understand that evidence is important. In order to prove that someone else’s negligence led to your injuries in a slip and fall lawsuit, you will need strong evidence. If you are approaching this situation, you might want to figure out what kind of evidence you actually need.


That being said, enlisting the help of a skilled personal injury attorney is an obvious first step towards receiving compensation for your damages. A legal expert can help you gather evidence, and can present this evidence to the court in a convincing manner. Consult with a seasoned personal injury attorney and you can pursue your settlement in a more efficient manner.


Understanding Negligence


Before you learn what kind of evidence you will need to win, you need to understand what you are trying to prove in the first place. In order to receive a settlement, every plaintiff must prove that another person’s negligence led directly to their injuries. Negligence is an important term in many lawsuits, and establishing negligence is key to winning. In order to do this, you will need to show the court four separate things, which are known as the Four Elements of Negligence:


  • Duty: You must show that the defendant owed you a duty of care

  • Breach: You must show that the defendant failed to carry out their duty of care

  • Causation: You must show that the defendant’s actions or inactions led directly to your injuries

  • Damages: You must show that you were actually harmed or injured as a result of the above.


Proving Negligence


Let’s start with the first element of negligence: Duty. Showing that a property owner owed you a duty of care is relatively easy in slip and fall cases. Each property owner must maintain a safe environment for members of the public, especially in areas that see a lot of foot traffic, like grocery stores.


Showing a breach of duty becomes more challenging. Your attorney must show the court that a reasonable person would have acted with greater care and responsibility if they were in the defendant’s shoes. The legal definition of “reasonable” is open-ended.


Showing causation can also be difficult. You must show a direct link between your injuries and the defendant’s negligent actions or inactions. For example, a person can almost slip on an icy sidewalk, regain their balance, continue walking for several paces, and then trip over their own feet. Because there is no direct link between the hazard and the injury, they could not hold the property owner liable.


Lastly, you will need to prove that you suffered damages. This is where evidence comes into play. In order to prove that you were actually injured, you can show the court things like medical records, doctor’s notes, medical test results, medical images like X-rays and MRIs, and much more. You can also show that evidence of missed wages and receipts for medical costs to show that you have incurred significant economic damages.


Enlist the Help of a Qualified Attorney Today


If you are searching New York for a personal injury attorney who can help you win your slip and fall lawsuit, look no further than The Glassman Law Group. We have considerable experience with all kinds of different personal injury cases, including slips and falls. More importantly, we know how to present the right kinds of evidence and convince courts of defendants’ negligence. Reach out today, and we can develop an action plan together.

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