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Proving a Slip and Fall Claim
Slip and fall cases are a type of premises liability claim, but not every fall on someone else's property results in a valid claim. The property owner has to have actually been negligent — which usually comes down to proving "notice": that the owner knew, or reasonably should have known, about the hazardous condition and failed to fix it or warn about it within a reasonable time.
That distinction between actual and constructive notice is often where these cases are won or lost. Actual notice means the owner literally knew about the hazard. Constructive notice means the condition existed long enough — a puddle sitting for hours, ice that formed overnight — that a reasonable inspection routine should have caught it.
- A hazardous condition existed
- The owner knew, or should have known, about it ("notice")
- The owner failed to fix or warn about the hazard in a reasonable time
- The hazard directly caused your fall and injury
Frequently Asked Questions
What is the difference between actual and constructive notice?
Actual notice means the owner literally knew about the hazard. Constructive notice means the condition existed long enough that a reasonable inspection should have caught it.
Does it matter if there was a warning sign?
It can — a clearly placed, adequate warning may reduce or defeat a claim, while an inadequate or missing warning can support one.
What if I was partly to blame for not watching where I was walking?
New York's comparative negligence rule still allows recovery — your award is reduced by your share of fault rather than eliminated.
Injured in a Slip and Fall?
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