How Can I Win My Slip and Fall Case In New York?

Posted in Slip and Fall Accidents on January 20, 2026

When your slip-and-fall injury was caused by a negligent New York property owner who left a hazardous condition on their property, it’s uniquely distressing knowing the harm you’ve faced could have been prevented with someone else’s reasonable care.

When a successful claim is crucial to recover your damages, you may ask an attorney, “How do I win my slip-and-fall case?”

Under New York Article 14-A the law states the following:

“Damages are recoverable when contributory negligence or assumption of risk is established.”

In other words, as the injured party in this case, you have the burden of proving that the property owner’s negligence caused your slip-and-fall accident.

Contact a NYC slip and fall accident attorney today to get the justice and compensation you deserve.

What to Do After a Slip-and-Fall Accident In New York

Winning a slip-and-fall accident case begins by preserving evidence at the scene whenever possible. If you are too seriously injured to use your phone, ask a companion to use it for you to do the following:

First, call 911 to request an ambulance for severe injuries, or arrange transportation to a hospital
Then, use your phone’s camera to take photos of the cause of the slip and fall accident, such as a broken floorboard or a wet floor
Photograph any visible injuries
If the fall happened in a store or other business, ask the manager to fill out an accident or incident report
Go directly to a hospital and ask for a complete medical evaluation and a detailed medical report showing your injuries, the doctor’s treatment recommendations, and your prognosis
Then, follow your doctor’s treatment recommendations carefully

Going directly to the hospital from the scene of the slip-and-fall accident provides evidence that your injuries occurred in the fall, and your medical report is a crucial aspect of your claim for damages.

Contact an experienced New York premises liability lawyer before speaking to the property owner or their liability insurance company.

Gathering Evidence to Help Win Your New York Slip and Fall Case

As the injury victim in a slip-and-fall claim, you have the burden of evidence in your claim. The evidence must demonstrate that the property owner was aware of the hazard, or should reasonably have been aware of it. That they owed a duty of reasonable care to you because you were legally on the property. They breached their duty of care through negligence. And their breach of duty directly caused the injury. Finally, you have to show evidence that the injury caused you to suffer economic and non-economic damages (broken bones, spinal cord injuries, etc…).

During your recovery, doing the following helps provide evidence for a compelling claim:

Keep copies of all of your medical bills, invoices, and statements
Keep the receipts of all out-of-pocket costs, such as for traveling to see specialists, or if you’ve had to hire help at home
Obtain an employer statement showing the time you’ve missed from work and/or how the injury impacts your ability to work
Gather your tax documents for the last three working years and your last six months of direct deposit or pay stubs

It’s also crucial to avoid talking to the insurance adjuster on a recorded line. Often, they use an injury victim’s words out of context against them. Instead, refer the property owner and their insurance company to your lawyer.

Finally, avoid posting on social media until after you’ve resolved your claim. Insurance companies sometimes use an injury victim’s social media photos and comments out of context to try to devalue or deny a claim.

Contact our firm today to pursue financial compensation for your injuries.