Greg Sobo: What do you have to Prove to get a Settlement if you Slip and Fall?

If you fall on someone else's property in New York state, there's two things that you have to show in order to get a settlement:

1. We have to show that the accident was caused by whoever controls the property.
2. We have to show that some type of substantial injury occurred.

Most commonly under New York law, the insurance companies claim that the incidents were not their fault. So the first thing we have to prove is fault.

That means under New York law that we have to show that the property owner had notice of any dangerous condition that might have caused a fall. This means that they were told about it, knew about it, or that that condition existed for so long that they should have known about it before the fall actually happened.