How to Prove Negligence In a New York Slip and Fall Claim?

Posted in Slip and Fall Accidents on January 20, 2026

We’ve all had a sudden slip, trip, or fall that caused a few moments of embarrassment, but when a slip-and-fall accident in New York causes serious injuries, the effects can be temporarily or permanently life-altering. Fall-related injuries can leave you facing substantial pain, medical procedures, recovery time away from work, or an uncertain future due to disability. While nothing can erase the injury, when the fall happened because of a property owner’s negligence, you have the right to recover compensation for your fall-related damages through a slip-and-fall premises liability claim against the liable property owner.

Contact a NYC slip and fall attorney today to pursue compensation for injuries — call (212) 564-2800 today.

What Causes Slip-and-Fall Accidents In New York?

When an unsafe floor, ground, or stairway condition causes a misstep, it can throw the entire body off-balance, causing painful overextension and twisting of the musculoskeletal system during the fall, and blunt force trauma to the head and other body parts during impact with the ground, floor, or obstacles. The most common causes of slip-and-fall accidents in New York include the following:

Wet or slick floor surfaces
Uneven pavement or floorboards
Cracked tiles or pavement
Unmarked floor level changes
Icy steps and walkways
Insufficient lighting
Loose debris underfoot
Clutter
Uneven stair risers
Missing handrails

Property owners in New York have a legal duty of care to routinely inspect their property for unsafe conditions, such as slip-and-fall hazards, and to promptly address such hazards by making repairs, corrections, or posting warning signs while awaiting repairs. Failing to meet this duty of care is property owner negligence.

Proving Negligence In a New York Slip-and-Fall Case

A slip-and-fall case is a premises liability claim against a negligent property owner—a type of civil tort case. The burden of evidence is on the injury victim to demonstrate the property owner’s negligence through the following:

Photos and videos of the unsafe condition
Copies of messages, warnings, or prior repair requests to the property owner
Eyewitness testimony
Security camera footage of the slip-and-fall accident
A property owner’s accident report of the fall
Inspection and maintenance records

The evidence must show that the property owner was aware of the unsafe condition or should reasonably have known about it, that they had a duty of care to the injury victim who was legally on the property, they breached their duty of care, and the breach of duty caused the slip-and-fall injury. Finally, the injury victim must prove that they suffered damages from the injury to recover compensation.

Damages for New York Slip-and-Fall Claims Caused by Negligence

Sudden slip-and-fall accidents happen in an instant, but can leave you dealing with the painful and costly after-effects for months. Besides proving the property owner’s negligence in the case, a slip-and-fall victim seeking compensation must also show evidence that they suffered damages, such as medical expenses, lost wages, future income loss, pain and suffering, and sometimes reduced earning ability and catastrophic injury losses.

Evidence of these damages often includes medical records, medical bills, employer statements, and medical expert testimony — a premises liability lawyer in New York will assist you in all legal aspects of a slip and fall case.

What Does a “Preponderance of Evidence” Mean In New York Slip-and-Fall Cases?

The injury victim in a premises liability case, like a slip-and-fall accident, must prove negligence by a preponderance of the evidence. This is a lower burden than in criminal cases, where the prosecutor must prove “beyond a reasonable doubt.” The injury victim’s premises liability attorney must document compelling evidence that would convince a jury that it is more likely than not that the property owner is responsible for your injuries and damages.

Although most cases are settled out of court through negotiations with an insurance company, typically, a jury in a negligence claim in court is required to consider whether a reasonable property owner would have acted differently under the same circumstances. If the answer is yes, then the injury victim has proven the property owner’s negligence through a preponderance of the evidence.