Are Slip and Fall Cases Hard to Win?

Are Slip and Fall Cases Hard to Win?

Slip and fall cases are notoriously complex, and winning them requires a strategic legal approach. Unlike other personal injury claims, where liability may be relatively clear-cut, slip and fall accidents involve nuanced legal standards, strong defense strategies, and extensive evidentiary requirements. Many victims underestimate the challenges of these cases until they face resistance from property owners, insurers, and the defendant’s attorneys, who aim to shift blame and escape liability.

Challenges in Proving Liability

Winning a slip and fall case requires proving that the property owner or occupier was negligent. New York law mandates that property owners must keep their premises reasonably safe, but not every accident automatically results in liability.

• Actual vs. Constructive Notice: Plaintiffs must prove that the property owner knew (actual notice) or should have known (constructive notice) about the hazard that caused the fall. If the condition developed suddenly—like a spilled drink in a grocery store—the defense may argue that they did not have enough time to address it.
• Open and Obvious Defense: Property owners often claim that the hazard was so obvious that a reasonable person should have avoided it. If a hazard is deemed open and obvious, the case may be significantly harder to win.
• Comparative Negligence: New York follows a comparative negligence rule, meaning the plaintiff’s compensation can be reduced if they are found partially at fault. If a victim was distracted, ignored warning signs, or wore inappropriate footwear, the defense will argue that they contributed to their own injury.

The Role of Evidence in Slip and Fall Cases

One of the biggest challenges in slip and fall cases is gathering sufficient evidence. Unlike car accidents, where police reports and crash scene evidence are standard, slip and fall incidents often lack immediate documentation.

• Lack of Surveillance Footage: Many businesses and property owners have surveillance cameras, but obtaining the footage is difficult. Some businesses delete or overwrite footage within days, making swift legal action essential.
• Witness Availability: If no one saw the fall, the case becomes one person’s word against the other. Witnesses who did see the accident may be difficult to track down.
• Incident Reports: If an accident occurs at a commercial property, businesses may create internal incident reports. However, they are not obligated to share these reports unless compelled through legal action.
• Medical Records and Expert Testimony: Establishing a direct link between the fall and the injury is critical. Insurance companies may argue that pre-existing conditions, rather than the fall itself, caused the injuries. Medical experts may be needed to validate claims.

Defense Strategies That Make Slip and Fall Cases Difficult

Property owners and insurance companies employ several strategies to make slip and fall cases difficult to win.

• Questioning the Severity of Injuries: Even if liability is proven, insurance companies often downplay the extent of injuries. They may argue that the plaintiff is exaggerating or that the injury is minor and does not warrant compensation.
• Blaming the Victim: Defense attorneys frequently argue that the plaintiff was not paying attention, ignored warning signs or engaged in unsafe behavior at the time of the fall.

Slip and Fall Cases Involving Commercial Premises are More Challenging 

Slip and fall cases that occur on commercial premises or construction sites present additional challenges because the defendants—property owners, corporations, general contractors, and insurance companies—have extensive legal and financial resources to fight claims. These entities often retain powerful defense attorneys and insurance adjusters whose sole purpose is to minimize liability and reduce payouts.

Common Tactics Used by Commercial Defendants

• Blaming the Victim – Defendants often argue that the injured party was careless, distracted, or ignored warning signs, attempting to shift responsibility.
• Denial of Hazardous Conditions – Property owners and construction firms may claim that no dangerous conditions existed or that the hazard was too “trivial” to warrant liability.
• Lack of Prior Notice – Many businesses and construction site managers argue that they were unaware of the dangerous condition and, therefore, cannot be held accountable.
• Spoliation of Evidence – Surveillance footage, maintenance records, or incident reports may conveniently disappear, making it harder for victims to prove negligence.
• Delay Tactics – Large corporations use procedural delays, filing motions to dismiss or prolong discovery, hoping the victim will give up or settle for less.

How Strong Legal Representation Increases Your Chances of Winning

The complexity of slip and fall cases means that victims with experienced legal representation have a significantly higher chance of winning. A seasoned lawyer will:

• Gather Critical Evidence Quickly: Securing surveillance footage, witness statements, and property maintenance records before they disappear is crucial.
• Challenge Comparative Negligence Claims: An attorney can present arguments and evidence to reduce claims that the victim was partially at fault.
• Bring in Expert Testimony: Medical experts, accident reconstruction specialists, and safety code professionals can strengthen the case.
• Negotiate with Insurance Companies: A lawyer who prepares every case as if it will go to trial puts pressure on insurance companies to offer fair settlements rather than risk a jury verdict.

Slip and fall cases are difficult to win but not impossible. The key to success is early legal intervention, thorough evidence collection, and aggressive representation. Property owners and insurance companies will fight these claims aggressively, but a skilled attorney can counter their tactics and build a compelling case for maximum compensation. 

Get Our Battle-Tested NYC Slip and Fall Lawyer on Your Side

If you have been injured in a slip and fall accident in New York, you need an attorney who will fight tooth and nail to recover the highest possible compensation you are entitled to. Michael S. Lamonsoff, known as “The Bull,” is a trial-focused lawyer who refuses to let insurance companies dictate the terms of your recovery. His aggressive litigation strategy forces insurers to take your claim seriously, knowing that if they don’t offer fair compensation, he will take the case to trial and let a jury decide. 

With a team of dedicated legal professionals, expert witnesses, and top-tier resources, The Law Offices of Michael S. Lamonsoff has won several multi-million dollar verdicts and settlements in New York. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.