What Makes Slip and Fall Cases so Hard to Win?

Posted in Premises Liability,Slip and Fall Accidents on June 27, 2025

Slip-and-fall claims are among the most common personal injury cases in New York City and elsewhere, occurring on both private and public properties. Fortunately, some slip-and-fall injury victims can get up, brush off, and walk away, but sometimes a hard fall causes serious injury with lasting consequences for the injury victim. Working with an experienced New York City slip and fall attorney can significantly improve your chances of achieving a successful outcome.

According to the Centers for Disease Control (CDC), falls are the second-leading cause of traumatic brain injuries. They are also a common cause of life-altering hip injuries in elderly fall victims in New York City and elsewhere. Despite these statistical facts, slip-and-fall cases can be challenging to win and require skilled handling.

Proving Liability In a Slip-and-Fall Case

Slip-and-fall injuries are a common category of premises liability law, holding a negligent property owner liable for injury damages if they fail to address or repair property hazards such as cracked pavement, wet floors, broken steps, loose or curled floor mats, or icy sidewalks. Proving liability for a slip and fall case can be challenging when property owners deny liability or their insurance companies assign blame to the injury victim.

Proving liability for a slip-and-fall case requires showing evidence that the property owner did not address a hazard the way another, reasonable property owner would have. To meet the liability standard, a case must show evidence of the following:

The property owner knew, or should reasonably have known, that the slip-and-fall hazard was present
They failed to address the hazard with prompt action to repair the problem or adequately warn others until it could be repaired
Their failure to fulfill this duty of reasonable care caused the slip-and-fall accident and injury
The injury victim suffered damages from the injury

Evidence to prove property owner liability sometimes includes video or photographic evidence, as well as proof of prior similar falls or near-falls by others on the property. The fall victims in these cases bear the burden of proving the case through a preponderance of the evidence.

Why Is It Difficult to Prove Liability for a Slip-and-Fall Accident?

Property owners and their premises liability insurance companies have common means of defending themselves against liability for an injury victim’s damages in slip-and-fall cases. Common examples of property-owner defense strategies include the following:

Assigning fault to the injury victim by claiming that they contributed to the fall by wearing improper footwear
Stating that they lacked adequate time to correct the problem
Stating that they were not aware of the slip-and-fall hazard
Claiming that the hazard was obvious and easily avoidable, and the injury victim wasn’t paying attention
Stating that the repair was cost-prohibitive
Claiming that they did not owe the fall victim a duty of care because they were trespassing when the injury occurred

Gathering evidence to prove liability in a slip-and-fall injury claim sometimes requires eyewitness testimony, primarily when a fall occurs in a place that lacks security cameras.

Proving Economic Damages Requires Compelling Evidence

A successful slip-and-fall injury case recovers the fall victim’s damages, like medical expenses, lost earnings, and compensation for their pain and suffering. If the slip-and-fall did not cause economic damages, it will not hold up in court. It’s necessary to show evidence of the medical expenses, out-of-pocket costs, and lost pay. When seeking compensation for pain and suffering, a medical expert must provide insight into the level of pain caused by the injury and how long the injury victim can be expected to suffer pain until reaching their maximum medical improvement.

Property Owners May Deny the Legitimacy of A Slip-and-Fall Victim’s Damages

A property owner and their insurance company may argue that the medical expenses were negligible; therefore, the injury cannot be severe enough to cause missed workdays. They might also argue that the injury did not occur during the fall but was caused by a pre-existing condition, previous injury, or happened after the injury victim left their property.

It takes an experienced premises liability attorney to make a strong claim by meeting the burden of proof to demonstrate the property owner’s liability and provide compelling evidence of economic damages and pain and suffering.