What Evidence Do You Need for a New York Slip and Fall Injury Claim?
Slip and fall accidents are common in New York and can cause serious injuries. Victims often suffer not only physical and emotional pain but also significant financial losses. Recognizing the impact of these accidents, New York law allows those injured due to someone else’s negligence to seek compensation. However, recovering compensation in a New York slip and fall injury claim is not automatic. You must prove negligence and that the negligence caused your injury. This requires evidence. But what type of evidence do you need for a New York slip and fall injury claim? Read on!
What Evidence Do You Need for Your New York Slip and Fall Claim?
In New York personal injury cases, including slip and fall claims, the burden of proof is on the plaintiff. This means that the person who files a slip and fall injury claim must present sufficient evidence to show the property owner or another responsible party was negligent and that this negligence directly caused their injuries. In New York, claimants in slip and fall claims must prove their case by a “preponderance of the evidence,” meaning you must show that there is a higher chance that your claims are true than they are false. It can be challenging to succeed in a slip-and-fall case without strong supporting evidence.
Here are some of the types of evidence that can help you meet your burden of proof in a New York slip and fall injury claim;
- Photos and Videos
One of the most powerful forms of evidence in a slip and fall case is pictures and videos showing the dangerous condition that caused the fall, such as a missing warning sign, a wet floor, or a broken staircase. That is why it is always advisable to take clear pictures and videos of the accident scene immediately after the accident, focusing on the hazard. Photos and videos taken at the accident scene immediately after the accident can serve as irrefutable evidence of the defendant’s negligence and the hazardous condition that caused the slip and fall.
- Witness Statements
Accounts from people who saw the accident can be very valuable in a New York slip-and-fall injury claim. Witness statements can confirm various things, including the presence of a dangerous condition, how long the hazard was there, and whether the property owner or another responsible party took steps to fix it.
- Incident Report
Businesses and properties usually require an incident report after an accident. This document can directly tie the accident to the location and time it happened. It may contain valuable information about the environment and potential negligence on the part of the defendant.
- Surveillance Footage
If the place where the fall occurred has surveillance cameras, footage from these cameras can be invaluable. Security camera footage can show the accident and the conditions that caused it. Surveillance footage can provide an unbiased account of the events, significantly strengthening your case.
- Clothing and Personal Belongings
Clothes worn during the fall and other personal belongings, like a broken phone, can show physical evidence that supports your claim. Keep such evidence safely.
Contact Us for Legal Help
If you or a loved one has been injured in a slip and fall accident in New York, contact an experienced Long Island slip & fall lawyer at Jacobson Law for legal help.
Source:
law.cornell.edu/wex/preponderance_of_the_evidence
