If you or a loved one slipped, got hurt, and now faces medical bills and lost wages, you may have a solid reason to pursue legal action. Every fall tells its own story. To show that someone else was careless, you will need photos of the scene, witness details, maintenance logs, and a clear record of your injuries. Collecting these pieces early makes a huge difference.
Our Brooklyn slip and fall lawyers at Kucher Law Group can guide you through each step toward the maximum feasible compensation. We can line up the evidence, talk to insurers, and fight for a fair slip and fall settlement that covers what you have lost. To learn more about how we can help you, contact us today at (929) 563-6780 to schedule a consultation.
Proving Negligence for Slip and Falls
Think of a slip and fall as any other accident scene. It starts with figuring out the cause. You have to show that the spot where you fell was unreasonably dangerous and that the danger hurt you. Next, you need proof that the property owner or a worker created the hazard, actually knew it was there, or should have noticed it because it was plain to see and had been sitting around long enough for a responsible person to fix.
The details of the circumstances that led up to the incident can be difficult to properly identify and will make or break a slip-and-fall case. Getting the services of an appropriate lawyer for your case can help you to secure the most favorable outcome possible.
What is the Negligence Law in New York?
The concept of negligence in New York serves as a foundational legal standard for assigning fault in personal injury disputes. Negligence arises when an individual or entity does not meet the expected level of care a reasonable person would provide in a similar situation, causing harm to another.
In New York, proving negligence involves substantiating four critical components:
- Duty: The defendant must have had a legal obligation to the plaintiff. For instance, drivers are expected to adhere to road safety laws to prevent endangering others.
- Breach of Duty: The defendant must have failed to fulfill this obligation, either through action or neglect. An example is a motorist ignoring a red light, thus failing to comply with traffic regulations.
- Proximate Cause: The defendant’s failure must be directly linked to the plaintiff’s injuries, signifying that the harm would not have happened but for the defendant’s negligence.
- Damages: The plaintiff must show that they incurred actual harm or loss, such as physical injuries or monetary costs, due to the defendant’s negligence.
The state of New York adheres to a “pure comparative fault” system, according to New York Civil Practice Law and Rules 1411. Under this rule, if both the plaintiff and defendant are found to have contributed to the fault, the court will assign a fault percentage to each. Consequently, the plaintiff’s recovery will be decreased by their own share of fault.
Separately, the state recognizes “gross negligence,” which is an egregious form of negligence characterized by a blatant indifference to the safety of others. Gross negligence can lead to the imposition of punitive damages, which aim to penalize the offending party and prevent similar future misconduct.
| Component | Description | Example |
|---|---|---|
| Duty | The defendant must have had a legal obligation to the plaintiff. | Drivers must follow road safety laws to avoid harming others. |
| Breach of Duty | The defendant must have failed to fulfill this obligation, through action or neglect. | Running a red light violates traffic regulations. |
| Proximate Cause | The defendant’s breach must be directly linked to the plaintiff’s injuries, meaning the harm wouldn’t have occurred without it. | An accident happens because a driver sped through a stop sign. |
| Damages | The plaintiff must prove they suffered actual harm or loss, such as physical injuries or financial costs. | Medical bills and lost wages from accident-related injuries. |
Comparative-Fault Matrix: Pure Comparative Negligence Percentages Explained
New York uses a pure comparative negligence rule, so after a Brooklyn slip and fall, the court converts responsibility into percentages from 0 to 100. Your payout goes down only by your share, no matter how high that number rises.
Let’s say you trip on a cracked floor tile, but you were also glancing at your phone. A jury might decide the property owner was 85% at fault, while you were 15% to blame. Instead of losing everything, your $100,000 award is just reduced by your share of the fault, so you’d get $85,000. Even if you were found 50% responsible, you’d still get half. In many cases, you could be 90% at fault and still walk away with $10,000.
The matrix works like basic arithmetic. Total damages include medical bills, lost wages, pain, and future care. Multiply that figure by the percentage assigned to the property owner. A 50-50 split on a $100,000 case yields $50,000. If surveillance shows a wet floor sign was missing, the owner’s share may jump to 75%, raising your payout to $75,000. At 99% blame on the owner, you recover almost all losses. The only way you walk away with nothing is if you’re found 100% at fault, which is a very rare outcome.
Use the numbers as a guide, not a verdict. A seasoned Brooklyn injury attorney can line up safety codes, witness statements, store logs, and high-grade biomechanical analyses to shrink your share and grow the other side’s. Our team can confront aggressive adjusters, translate the matrix into plain talk for the jury, and press for a verdict that matches the true risks the property owner ignored.
Statute of Limitations for Filing a Slip and Fall Claim
The amount of detail that goes into the investigation of a slip and fall incident can be extensive, and each case is heavily situational. Because these types of incidents can be very challenging to prove, New York only allows a certain window of time in which a person can file a lawsuit for a slip and fall accident. The time you have to file a lawsuit depends on who you are suing. For claims against private individuals or businesses, you have three years from the date of the accident to start your lawsuit. If your claim is against a government entity like the City of New York, the rules are more demanding. You must file a Notice of Claim within 90 days, and then begin the lawsuit within one year and 90 days of the incident.
When you bring your case to an attorney, they can help you find and gather additional information that could be very useful to your case. Supporting documentation, such as photos, video surveillance, or interviews from any witnesses, can help build a successful claim.
Brooklyn Slip and Fall Lawyers
Samantha Kucher, Esq.
Samantha Kucher brings both passion and legal precision to every personal injury case she takes on. Her drive is fueled by early life experiences that opened her eyes to inequality, motivating her to become a fierce advocate for injured clients who may not have the resources to fight for justice. She is the founding attorney at Kucher Law Group and has built her practice around fighting large insurers and securing fair compensation for her clients.
- Earned her J.D. from New York Law School and her bachelor’s from NYU.
- Volunteered in the New York County Family Law Pro Bono Program.
- Secured millions for clients in personal injury and slip and fall claims.
Michael Roitman, Esq.
Driven by a personal history of overcoming adversity, Michael Roitman is a powerful courtroom advocate for those injured due to negligence. He combines a deep understanding of the legal system with genuine compassion for his clients, ensuring they receive the attention and results they deserve.
- NYU undergraduate; J.D. from Western Michigan University – Cooley Law School.
- Recovered multiple seven-figure outcomes in slip and fall and other injury claims.
- Licensed in NY, NJ, Southern and Eastern District Courts of New York.
Alex Rybakov, Esq.
Alex Rybakov has spent more than a decade successfully fighting for injury victims across Brooklyn. He focuses on building meaningful client relationships and securing the best possible outcome in every case, especially slip and fall accidents.
- Experienced in premises liability, medical malpractice, and wrongful death cases.
- J.D. from Seton Hall Law School; undergraduate degree from NYU.
- Known for practical strategies and compassionate legal service.
Common Challenges in Slip and Fall Cases
Aside from the Statute of Limitations, the main concern is proving how knowledgeable the property owner is of the cause of the incident and how much of the cause could actually be considered negligence of the victim.
For instance, if the victim were to slip and fall on a flight of steps because they chose not to hold on to the handrail, the property owner has the potential to prove comparative negligence and the victim could be held responsible for a percentage of losses.
Common Mistakes to Avoid in Slip and Fall Cases
If you suffer injuries due to a slip and fall accident, there are two possible ways to seek compensation. You may either file an insurance claim or file a lawsuit. A successful claim can result in compensation for various expenses, such as medical bills, lost wages, and the physical and emotional distress you have experienced. It’s important to avoid making these mistakes:
Departing the Scene Without Obtaining Evidence
If you can, it’s a good idea to collect witness contact information and take pictures of the scene before seeking medical treatment. This evidence can be helpful in supporting your slip-and-fall case. Additionally, your personal belongings may serve as evidence as well, such as damaged glasses or stained clothing due to the accident. Collecting this information can be useful for your case, and it’s best to do so as soon as possible.
Failing to Inform the Management
It’s important to inform the management or property owner about the details of the slip-and-fall accident before leaving the scene. However, it’s crucial to avoid adding any personal commentary, as it could be used against you in the future. Sticking to the facts and providing an objective account of what happened is the best way to proceed. Taking this step ensures the responsible parties are notified of the incident and fulfills your duty to report what happened.
Declining Medical Care
It’s crucial to see a doctor after a slip-and-fall accident, even if you feel fine or don’t notice any significant injuries. Some injuries, such as traumatic brain injuries and internal trauma, may not be immediately apparent and can have serious consequences if left untreated. Seeing a doctor right after the accident is the best way to ensure that you receive proper medical attention and treatment, and it can also provide important documentation for your slip-and-fall case.
Managing the Situation Independently
After getting injured, many people make the mistake of not seeking advice from an experienced attorney knowledgeable in slip-and-fall cases. It’s important to have legal representation, whether you’re negotiating for a settlement with insurance or pursuing a lawsuit against the responsible party. A slip-and-fall attorney can provide you with the necessary legal advice and support to achieve a positive outcome in your case. Collaborating with an attorney can safeguard your legal rights and increase the likelihood of obtaining complete and reasonable compensation for your injuries.
Giving an Insurance Company a Recorded Statement
When communicating with your insurance provider, it’s advisable to stick to providing only essential information about the time and location of the accident. You should avoid giving a recorded statement. Although insurance can help you recover compensation after an injury, insurance adjusters are trained to look for ways to minimize or deny your claim. It’s essential to exercise prudence when giving information to your insurance company. Taking these precautions is crucial for safeguarding your legal rights and improving the likelihood of receiving a fair settlement for your injuries.
Waiting to File a Lawsuit
In New York, there is a specific timeframe within which you must file a lawsuit to recover damages for a slip-and-fall accident. This timeframe is called the statute of limitations, and it’s important to be aware of it to avoid losing your right to compensation. It’s a good idea to discuss the statute of limitations with your slip-and-fall lawyer, as it may affect your ability to negotiate with insurance and pursue legal action. You can increase your likelihood of obtaining fair compensation by understanding the strict timeline involved and collaborating with a knowledgeable lawyer.
Should I Get a Lawyer for a Slip and Fall?
Unforeseen slip and fall accidents can lead to serious injuries, and in cases of negligence, seeking the assistance of a slip-and-fall lawyer becomes crucial.
In Brooklyn, slip and fall accidents fall under premises liability. If you were lawfully present on someone else’s property and sustained injuries due to the owner’s negligence, premises liability holds the party responsible for your injuries and allows you to seek compensation. While these accidents are commonly referred to as “slip and fall,” any injury resulting from an unsafe condition caused by the property owner’s negligence may be eligible for compensation.
A knowledgeable legal professional understands the various elements of negligence involved in slip-and-fall claims and lawsuits. Was the property owner equipped with a properly trained maintenance staff to ensure the safety of the premises? How long had the hazardous condition existed? Did the owner or management have sufficient time to address the issue or at least provide warning signs or barriers? It is important to remember that if you were injured on government or municipal property, different timelines and claim requirements may apply.
Establishing negligence conclusively is crucial, along with providing solid evidence that your injuries were indeed caused by the property owner or manager’s negligence. In a slip and fall claim, you may be entitled to compensation for medical expenses and lost wages, as well as potential future costs related to your injuries. Seeking the guidance of an experienced Brooklyn slip and fall lawyer helps victims gain a comprehensive understanding of the laws pertaining to slip and fall accidents and protects their rights. Additionally, a slip and fall lawyer can also assess any additional damages to ensure fair compensation. Contact Kucher Law Group today to schedule a consultation and discuss your slip and fall case.
Getting Quality Legal Guidance from a Skilled Brooklyn Slip and Fall Lawyer
No one wants to be involved in a slip/trip and fall case, but if you or someone you know has been involved in this kind of accident, it is beneficial to seek the guidance of a skilled attorney. It is imperative that proper care and representation for the victim of a slip/trip and fall case is established, especially if the cause of the incident was due to negligence and could have been avoided.
At Kucher Law Group, we can provide personalized legal assistance to our clients. We can advocate for our clients’ rights at the negotiation table and in court. Contact us today at (929) 563-6780 to schedule a consultation with one of our skilled Brooklyn slip and fall attorneys.
from Kucher Law https://www.rrklawgroup.com/how-do-you-prove-negligence-in-a-slip-and-fall-in-new-york/
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