Falling on someone’s property doesn’t automatically mean the property owner is responsible for your injuries and that you can file a claim against them. In premises liability cases, you must establish negligence based on the four concepts of duty, breach, causation, and damages.
The key to proving negligence in premises liability Brooklyn cases is showing that the property owner knew (or should have known) about the dangerous condition that caused your injuries. You can trust the Law Office of Jeffrey K. Kestenbaum for help with these types of premises liability and slip-and-fall cases.
What You Actually Have to Prove
Brooklyn property owners, landlords, and businesses have a legal duty to keep premises reasonably safe. A breach of this duty may involve failing to repair a dangerous condition, clean a spill, or provide adequate warnings.
You must also connect the dangerous condition to your accident and establish damages. Medical records documenting your injuries and treatment are critical slip-and-fall evidence, especially when they establish this connection.
Why Notice Is the Make-or-Break Issue
One of the most important steps in how to prove negligence in a slip and fall case is notice. Actual notice may exist when an owner or employee was told about a hazard or created it themselves. But constructive notice is different: generally, the dangerous condition must have been visible, apparent, and existed long enough that the property owner had a reasonable opportunity to discover and correct it.
New York State Unified Court System decisions illustrate how New York courts analyze constructive notice.
Evidence showing when a spill occurred, when an area was last inspected or how long a defect existed can therefore be critical. Snow and ice cases can involve additional considerations, including New York’s “storm in progress” doctrine, so prompt legal review is especially important.
Physical Evidence to Preserve Immediately
The sooner you preserve slip and fall evidence, the stronger case you’ll build. Collect and save as much of the following as possible:
- Photos of the dangerous condition from multiple angles and distances
- Written documentation of exactly what caused your fall
- Shoes and clothes you wore when you fell
- Copy of the incident report filed by the property manager, superintendent, or landlord
However, never sign any releases or statements a property owner or insurer gives you after a fall without first seeking legal advice.
Evidence the Property Owner Controls
However, someone else may control some important premises liability evidence, and you may benefit from an attorney’s help to obtain it. Here are some examples:
- Security footage from nearby buildings to establish what happened and how long a hazard existed (act quickly, as many systems overwrite footage within days)
- Maintenance, cleaning, and inspection records to establish proper monitoring
- Prior complaints, work orders, and 311 reports for additional evidence of notice
Witnesses and Medical Records
Witness statements are also useful slip-and-fall evidence, so get the names and numbers of bystanders at the scene. You should also seek prompt medical treatment, not only for your health, but also to secure evidence linking your fall to your injuries. Gaps in treatment could cause the defense to argue that your injuries are minor or unrelated.
Also, be cautious with what you post on social media while your claim is pending because photos, videos, and comments could be used against you.
What Happens If You Were Partly at Fault
New York’s comparative fault rules don’t necessarily prohibit recovery simply because an injured person was partly responsible. Instead, damages may be reduced based on the claimant’s share of culpable conduct. New York State Senate, CPLR § 1411 sets out the applicable statutory framework.
Deadlines That Cut a Claim Short
New York generally has a three-year statute of limitations for personal injury claims, though exceptions exist. Claims involving government-owned property or entities such as NYCHA or the MTA may involve additional notice requirements and shorter deadlines. Waiting too long to file a claim can also make it harder to preserve surveillance footage and locate witnesses.
Contact a Brooklyn Slip and Fall Lawyer Today
As an experienced slip-and-fall law firm, we represent injured clients throughout New York City. Call 718-237-5586 or contact us online to discuss your situation and learn more about proving negligence in premises liability Brooklyn cases.
Frequently Asked Questions
Who Can Be Held Liable for Premises Injuries?
Depending on the circumstances, a property owner, landlord, tenant, business, or other party responsible for maintaining a property can be liable.
What Compensation Can You Recover?
A successful claim may provide compensation for medical expenses, lost income, pain and suffering, and other damages.
What does a settlement usually cover in a premises liability case?
A settlement may address medical expenses, lost wages, pain and suffering, and other losses. Learn more here about how slip and fall settlements work in NYC.
How much time do I have to file a claim after suffering an injury on someone’s property?
The general limitations period for a New York personal injury claim is three years, but exceptions and special notice requirements may apply.
