Slip and fall accidents are more common — and more serious — than many people realize. A fall can lead to long-term medical issues, lost income, and overwhelming expenses, especially when it results from someone else’s negligence.
In New York, falls are the leading cause of injury-related hospitalizations among adults over 25 and children under 15, and they cost the state over $700 million annually in hospitalization expenses for older adults alone.
This guide outlines what you need to know about winning a slip and fall case , including how our exceptional attorneys build a strong slip and fall case and fight for the maximum amount of money you deserve.
Common Causes of Slip and Fall Accidents Identifying what caused your fall can help strengthen your legal claim. Below are some of the most common hazards that lead to slip and fall injuries in New York:
Wet or slippery surfaces: Spilled liquids, freshly mopped floors, or leaks can create dangerous walking conditions. Property owners must clean spills promptly or provide clear warning signs.Uneven or damaged flooring: Cracked sidewalks, torn carpets, loose tiles, and uneven surfaces pose serious tripping risks. Failing to repair or warn about these hazards may lead to liability.Poor lighting: Dim or absent lighting in stairwells, hallways, or parking lots can prevent visitors from seeing hazards. Property owners are responsible for providing sufficient illumination to ensure safe navigation.Weather-related hazards: Snow and ice accumulation must be managed within a reasonable timeframe. While the “storm in progress” rule may offer temporary protection, property owners must clear hazards after the storm subsides.Defective stairs and handrails: Broken or missing handrails, uneven step heights, or damaged stairs often lead to falls. Violations of New York’s building codes can strengthen a legal claim.Obstacles and clutter: Boxes, cords, and merchandise left in walkways — especially in stores or workplaces — create preventable tripping dangers. Businesses must keep paths clear for customers and employees alike.In fact, the U.S. Bureau of Labor Statistics reported that in 2023, falls, slips, and trips accounted for over 20% of all fatal occupational injuries in New York State (excluding NYC).
Injuries Resulting From Slip and Fall Accidents Slip and fall accidents can lead to a wide range of injuries — some minor, others life-altering. Knowing the types of injuries commonly involved helps explain why these cases can result in substantial compensation:
Fractures and broken bones : Wrist, arm, ankle, and especially hip fractures are common in falls. Hip fractures can be especially serious for older adults, often requiring surgery, rehab, and long recovery times.Head and brain injuries : Falls involving head impact can lead to concussions or traumatic brain injuries (TBIs). These may impair memory, cognition, and emotional well-being, and often require long-term care.Spinal cord injuries : Damage to the spinal cord may result in partial or complete paralysis. These catastrophic injuries demand lifelong medical care and profoundly affect daily living and earning capacity.Soft tissue injuries: Sprains, strains, and ligament tears are frequent but sometimes underestimated. These injuries can cause prolonged pain, limit mobility, and keep victims from working.Back and neck nnjuries: Herniated discs, pinched nerves, or misalignments caused by falls can lead to chronic pain and mobility issues, sometimes requiring surgery or physical therapy.Cuts and lacerations: Falls on sharp or rough surfaces may result in deep cuts. While many heal with minimal care, some require stitches, risk infection, or leave permanent scars.Take Action After a Slip and Fall Incident! Our experienced attorneys can help you build a strong case and pursue the compensation you deserve. Contact us today for a free evaluation of your claim.
Free Consultation
Understanding Premises Liability Law in Slip and Fall Cases Premises liability law forms the foundation of most slip and fall cases in New York State. Understanding these legal principles is important for anyone injured in a slip and fall incident.
Notice Requirements To successfully prove negligence in a slip and fall lawsuit, you must typically show that the property owner had notice of the dangerous condition. This can be actual notice (they knew about the hazard) or constructive notice (they should have known about it through reasonable inspection). The length of time a hazardous condition existed becomes crucial in establishing constructive notice.
Reasonable Care Standards Property owners must exercise reasonable care in maintaining their premises. This doesn't mean they're responsible for every possible accident, but they must take reasonable steps to identify and address hazards. What constitutes "reasonable care" depends on factors like the type of property, the purpose of the visit, and the foreseeability of the hazard.
Comparative Negligence in New York New York follows a pure comparative negligence rule , which means your injury can be reduced by your percentage of fault, but you can still recover damages even if you were partially responsible for the accident. For example, if you were texting while walking and didn't notice a clearly marked wet floor, your compensation might be reduced, but you wouldn't be completely barred from recovery.
Steps to Take After a Slip and Fall Accident Taking the right steps immediately after a fall accident can significantly impact your ability to win your slip and fall case. These actions help preserve evidence and protect your legal rights.
Seek Medical Attention Immediately Your health should be your first priority after any fall accident. Even if your injuries seem minor, seek medical attention immediately. Some injuries, particularly head injuries and internal injuries, may not show symptoms right away. Getting prompt medical care creates documentation of your injuries and shows that you took them seriously.
Document the Accident Scene If you are safely able to do so, thoroughly document the accident scene . Take photographs of the area where you fell, focusing on hazardous conditions like wet floors, uneven surfaces, or poor lighting. When photographing the defect, include landmarks (like poles or buildings) to locate the hazard accurately , and if possible, place a common object (like a coin or ruler) in the frame to establish the size and depth of the defect. Also photograph your injuries and any damage to personal property.
Report the Incident Report your fall incident to the property owner, manager, or appropriate authority as soon as possible. Many businesses have standard incident report forms that should be completed. Make sure you get a copy of any accident report that's prepared, and don't sign anything beyond the basic incident report without consulting with a personal injury attorney.
Gather Witness Information If anyone witnessed your fall accident, get their contact information. Witness statements can be crucial evidence in slip and fall cases, especially when the property owner disputes the circumstances of your accident or claims the hazardous condition didn't exist.
Preserve Evidence Keep the shoes and clothing you were wearing at the time of the fall. These items may be important evidence if questions arise about your actions or the conditions that contributed to your accident. Also, keep all medical records, receipts for out-of-pocket expenses, and employment records showing lost wages.
Contact a Personal Injury Attorney Consulting with an experienced personal injury lawyer as soon as possible after your accident helps ensure that important evidence is preserved and that you understand your legal rights. Many fall cases settle more favorably when injured parties have legal representation from the beginning of the process.
Avoid Social Media Don't post about your accident on social media platforms. Insurance companies and defense attorneys often monitor social media accounts of injured parties, looking for evidence that contradicts injury claims. Even innocent posts can be taken out of context and used against you.
The Slip and Fall Lawsuit Process Understanding the legal process involved in slip and fall lawsuits helps you know what to expect and how your legal team will work to win your case and get you the most compensation possible.
Initial Case Investigation Your personal injury lawyer will begin by conducting a thorough investigation of your fall accident. This includes reviewing medical records, examining the accident scene, interviewing witnesses, and gathering evidence about the dangerous condition that caused your fall. The investigation may also involve consulting with experts who can analyze the accident and testify about safety standards.
Establishing Liability To succeed in your slip and fall case, your legal team must prove that the property owner was negligent . This requires showing that a dangerous condition existed, that the owner knew or should have known about it, and failed to take reasonable action. Furthermore, you must definitively establish that this specific defective condition is what caused your fall and resulting injuries . Your attorney will gather evidence to support this required negligence and causation.
Documenting Damages Winning a slip and fall case isn't just about proving liability, you must also demonstrate the full extent of your damages. This includes current and future medical expenses, lost wages, reduced earning capacity, pain and suffering, and other losses related to your fall injury case. Your legal team will work with medical experts and economists to calculate the full value of your claim.
Settlement Negotiations Most fall cases settle without going to trial. Your personal injury attorney will negotiate with the insurance company or property owner's legal representatives to reach a fair settlement. Having experienced legal representation significantly improves your chances of obtaining appropriate compensation, as insurance companies often make low initial offers to unrepresented individuals.
Trial Preparation and Litigation If settlement negotiations don't result in a fair offer, your case may proceed to trial. Your legal team will prepare by taking depositions, consulting with expert witnesses, and developing a compelling presentation of your case. While most slip and fall cases settle, being prepared for trial often leads to better settlement offers.
Comparative Negligence Considerations In New York, your compensation can be reduced if you're found to be partially at fault for your accident. Our attorneys will work to minimize any fault attributed to you while maximizing the negligent party's responsibility. This might involve demonstrating that you were acting reasonably under the circumstances or that the property owner's negligence was the primary cause of your accident. In many slip and fall cases, there’s a risk that juries will put some percentage of fault on the injured plaintiff. This is because the defense attorney often makes the argument that you should have been paying attention better. Our job will be to dismantle that argument so the jury will understand that the incident could have happened to anyone.
Strengthening Your Slip and Fall Case: Legal Strategy Essentials Winning a slip and fall case goes beyond just reporting the incident — it requires a strategic, evidence-driven approach. At Tomkiel & Tomkiel , we focus on assembling the critical components that prove liability and secure maximum compensation.
Linking injuries to the incident: It’s not enough to show you were injured — you must prove your injuries directly resulted from the hazardous conditions. Our team works with medical providers to ensure your records clearly establish causation, severity, and the long-term impact of your injuries.Uncovering hidden evidence: Many vital details are not immediately visible. We often obtain surveillance footage, incident logs, safety reports, or inspection records that can uncover prior complaints or repeated negligence by the property owner.Using witnesses strategically: Eyewitnesses are valuable, but so are those who can speak to the history of the premises, like employees, contractors, or residents who’ve seen similar hazards before. These insights help build a pattern of negligence.Bringing in qualified experts: In complex cases, we partner with professionals such as safety engineers, building inspectors, or orthopedic specialists. Their evaluations can confirm building code violations, unsafe practices, or the expected long-term effects of your injuries.Analyzing premises liability history: We investigate whether the property has been involved in prior legal claims or safety violations. Repeated incidents at the same location may show a pattern of neglect that strengthens your claim.At every stage, our legal team builds a case designed to withstand scrutiny and deliver results. With Tomkiel & Tomkiel, you don’t just react to a fall — you build a strong, proactive case for justice.
Win the Compensation You Deserve with Our Skilled New York Attorneys: Tomkiel & Tomkiel Slip and fall injuries can have a devastating impact on your life, affecting your ability to work, enjoy activities, and maintain your quality of life. At Tomkiel & Tomkiel, we work on a contingency fee basis, which means you don't pay attorneys' fees unless we successfully recover compensation for your injuries. Contact us to discuss your accident and your legal options.
%20(2).webp)
