When the condition of someone else’s property is such that it results in you taking a serious fall, you may look to the property owner to help cover your medical and other fall-related expenses. To prove that someone else was at fault for your New York slip-and-fall injury, there are certain things you must show to a judge or jury.
According to the New York State Bar Association, the success of your premises liability case depends on your ability to show that the following four things are true.
1. That a defective condition caused your fall
The first thing you need to prove in a slip-and-fall case is that a property owner’s defective condition led to your fall.
2. That the property owner was responsible for the condition
You then need to prove that the person you feel is responsible for your fall was, in fact, responsible for keeping the property safe and hazard-free. This typically involves showing that someone had ownership, occupancy, control or permission to use the property for “special use.”
3. That the property owner was aware of it
You also need to show the judge or jury on your case that the property owner either had knowledge or should have had knowledge about the existence of the defective condition.
4. That knowledgeable professionals agree
You may need to enlist the aid of an architectural engineer or a professional well-versed in building codes, among other types, to help strengthen your premises liability case.
The more you are able to prove that each of the above four things is true, the better your chances of winning your slip-and-fall case.