How do you Prove Negligence in a Slip and Fall Case?

Slip and fall accidents can occur unexpectedly and lead to significant injuries, whether on sidewalks, in commercial properties, or at private clubs or residences. In Queens, Brooklyn, Bronx, and across New York City victims injured in slip & fall accidents can collect compensation if they can prove that the injury was due to someone’s negligence. This negligence could be either causing or failing to correct a hazardous condition. In this blog, we will explain what victims should do in such a scenario and how we at Wittenstein & Wittenstein can help you get the highest possible compensation for slip-and-fall accidents in Queens, Brooklyn and across NYC.  We have more than six decades of experience as negligence lawyers in Queens and Brooklyn and have a long list of satisfied clients across New York City.

Understanding Negligence in Slip and Fall Cases

Negligence refers to the failure of one party to exercise reasonable care, resulting in harm or injury to another party. To establish negligence in a slip and fall accident in Queens and Brooklyn, certain factors must be considered by the Forest Hills accident attorneys. We have listed some of them below:

  • Ownership and Control: Identify the owner of the property and in some cases the non-owner that was responsible for the property, such as a commercial tenant.
  • Duty of Care: Prove that the victim has a right to be on the property when the accident happened.
  • Breach of Duty: Prove that the property owner, or other person in control of the property, failed to take reasonable steps to ensure that the property was safe. Some examples of unsafe conditions are missing guardrails, slippery floors, insufficient lighting and broken tiles.
  • Causation: Prove the unsafe condition directly caused the injuries you’re claiming, rather than some other cause.
  • Damages: Prove that you suffered out-of-pocket losses such as medical expenses and lost wages, and that the accident caused you to suffer pain and emotional distress.

Proving Negligence

Proving negligence in a slip-and-fall case involves gathering evidence to support these elements:

  • Documentation: Keep records of the incident, including photos of the accident scene, videos, if possible, any visible hazards, bills, and your medical reports describing your injuries.
  • Witness Statements: If there were witnesses present at the accident scene, take their contact details. Their statement can strengthen your case.
  • Maintenance Records: Request maintenance records from the property owner to determine if there was a history of neglecting hazardous conditions.
  • Medical Records: Your medical records will document the extent of your injuries, treatment received, and post-hospital care required.

How Wittenstein & Wittenstein Can Help


Navigating the complexities of proving negligence in a slip and fall case requires legal expertise from an experienced Queens and Brooklyn slip and fall attorney. Wittenstein & Wittenstein, specializes in slip and fall and personal injury cases in NYC. We can help you in many ways:


  • Evaluate Your Case: Assess the strength of your claim based on the evidence and circumstances.
  • Handle Communication: Negotiate with insurance companies on your behalf to ensure you receive the best possible compensation.
  • Litigate if Necessary: Represent you in a court of law, if a fair settlement cannot be reached, advocating for your rights and maximizing your compensation.


If you’ve been injured in a slip-and-fall accident in Queens or Brooklyn, don’t hesitate to contact us for a free case review. Our experienced Queens and Forest Hills accident attorneys can protect your rights and help you get justice. We also offer free parking in Forest Hills to our clients.

2024-06-30T07:01:45+00:00By |0 Comments

About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.