Proving a Slip and Fall Case in New York: Notice Is Everything

The Notice Requirement

To hold a property owner liable, you generally must show they created the hazard, or had actual or constructive notice of it and a reasonable chance to fix it. 'Constructive notice' means the danger existed long enough that they should have known.

Proving How Long the Hazard Existed

Evidence like surveillance footage, maintenance logs, and witness accounts helps establish how long a spill or defect was present — often the decisive issue.

Comparative Fault

Owners often argue you weren't watching where you walked. New York's comparative negligence rule means such arguments reduce, but don't eliminate, recovery.

Acting Quickly

Footage gets overwritten and conditions change. Prompt investigation preserves the proof your case depends on.