Do I Have a Slip and Fall Case?

The body of law that makes the owner or individual in possession of land, property or premises responsible for injuries sustained by people who may be on the premises is called premises liability law.

• The individual who is in possession of the premises occupies the land, property, place of business, etc. with the intention to control it.
• The individual has been in possession of the land, property, place of business or premises with the intention to control it and if no other individual has subsequently occupied the same premises with intent to control.
• The individual is entitled to immediate occupation of the land, property, place of business or premises and if no other individual is in possession as was previously defined.

The defendant’s duty to the plaintiff in a slip and fall case varies greatly depending on whether the plaintiff is classified as an invitee, licensee, or trespasser. When considering whether you in fact have a slip and fall case, you should determine which of these three classifications you fit into:

• Invitee—a person who is invited to enter or to remain on the premises thereby providing a commercial benefit to the person who is in possession of the premises. Business dealings are likely to occur. The invitation may be expressed or simply implied. Department stores actively invite the public to shop in their stores, for example. Owners of premises have the highest duty of care to invitees.

• Licensee—a person who is invited to enter or to remain on the premises for another purpose, any purpose other than a commercial or business purpose. Permission may be expressed or implied. Social guests, for example, would be termed licensees, not invitees.

Three elements/conditions are necessary for the plaintiff to establish whether the possessor of the premises is to be held liable for harm caused to a licensee:

1. The owner/possessor either knew or should have known about the unsafe condition and should have recognized the fact that the condition posed risk of harm.
2. The owner/possessor failed in his or her responsibility to exercise reasonable care in order to correct the condition and make the area safe or failed to warn the licensee about the existence of the unsafe condition and risk of injury.
3. The licensee was not aware of or had no reason to be aware of the existence of the unsafe condition and risk of injury.

• Trespasser—a person who enters another’s premises without an expressed or implied invitation. A trespasser is on another’s property not in the performance of duty to the owner but for his or her own purpose. Property owners who are unaware of the presence of trespassers typically have no responsibility to warn of hazards present or to make their premises safe for benefit of trespassers.

Under the laws of the state of New York, damages recovered in slip and fall cases can be lowered depending on whether and to what extent, your own actions might have contributed to the slip and fall. When a percentage of fault is assigned to the plaintiff, monetary damages the plaintiff would have otherwise received are reduced accordingly. Each set of circumstances is different. For example, a person who slips and falls in a bar after having a few drinks, breaking his wrist may still have a case in the state of New York, but damages awarded may be minimized by that person’s own contribution to the slip and fall.

• Did the business/premises where the slip and fall occurred have actual knowledge of a dangerous condition such as water left standing and employees failing to take the time to clean up the spill?
• Did the business/premises owner cause the dangerous condition to be present?
• If the business/premises owner denies knowledge of the presence of the dangerous condition, is it a fact that he or she should have known about the dangerous condition and had ample time to discover the condition?
• Did the business/premises owner or his or her employee fail to post warning signs informing customers/invitees of the presence of a dangerous, unsafe condition?
• Did you in any way contribute to the incident through your own actions or carelessness?
• Did surveillance video capture the obvious unsafe, hazardous condition?
• Have your injuries as the result of your slip and fall been documented by medical professionals?
• Do you have statements from witnesses to the slip and fall or photos of the unsafe condition present at the time of your fall?

If there were prior victims of slips and falls due to negligence on the part of the premises owner and if there have been numerous complaints filed against this particular business/premises, then your case may benefit from this history.

Contact the New York attorneys of David Resnick & Associates, PC.

The New York Lawyers of David Resnick & Associates serve the New York City area, including the Bronx, Brooklyn, Long Island, Manhattan, Staten Island, and Queens.

Call us at (212) 279-2000 or fill out our online contact form.

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.