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Establishing Negligence in Slip and Fall Lawsuits: Key Components

April 18, 2024by Asim

Slip and fall accidents represent a significant portion of personal injury claims, occurring with unsettling regularity in both public and private spaces. These incidents not only cause physical harm but also introduce victims to the labyrinthine nature of personal injury law. Successfully navigating these claims hinges on establishing negligence — a task that involves demonstrating that the property owner’s failure to maintain safe conditions directly led to the accident. 

This process is fraught with legal complexities and evidentiary challenges that can overwhelm unassisted claimants. Here, the expertise of a Queens slip and fall lawyer becomes indispensable. Skilled in the specifics of New York premises liability law, adeptly managing the intricacies of proof and legal argumentation to secure just compensation for their clients.

Negligence in Slip and Fall: Key Components

Duty of Care

In property ownership or management, ‘duty of care’ refers to the legal obligation to ensure a safe environment for those who enter the property. Proving that the respondent owed a duty of care to the plaintiff is pivotal as it forms the foundation of any negligence claim. This principle asserts that the property owner or manager must take reasonable steps to prevent harm, thereby setting the stage for assessing the actions (or inactions) that could lead to legal liability.

Breach of Duty

A breach of duty in slip-and-fall cases occurs when property owners or managers fail to uphold their duty of care. This could manifest in several ways, such as leaving wet floors unattended without proper signage or ignoring broken flooring that presents a trip hazard. Each of these scenarios illustrates neglect of reasonable measures that should be taken to prevent accidents, thereby establishing the grounds for a negligence claim.


In slip and fall litigation, establishing causation is crucial. It demonstrates a clear link between the breach of duty and the incident. Plaintiffs must prove that their injuries were caused directly by the defendant’s negligence rather than by unrelated circumstances. This direct connection is essential for a successful legal claim, as it ties the negligent act to the harm suffered by the plaintiff.


In pursuing a negligence claim, the plaintiff must demonstrate that they have suffered specific damages due to the fall. These damages can include medical expenses, lost wages due to inability to work, and compensation for pain and suffering. It is also vital to prove that these damages are directly related to the incident and not due to pre-existing conditions. This verification is critical for validating the claim and ensuring the compensation is justly awarded.

The Role of Boland Injury Lawyers, P.C.

Legal Expertise and Support

Boland Injury Lawyers, P.C. offers unparalleled legal assistance in navigating slip and fall cases, backed by a profound understanding of the premises liability laws specific to Queens. Our firm’s seasoned attorneys leverage their extensive local experience to manage each case effectively. This expertise ensures that clients are represented legally and comprehensively through the intricate nuances of local legal standards and regulations.

Navigating the Legal Process

From the initial case evaluation to the final arguments in the courtroom, we are committed to guiding clients through every phase of the legal process. The firm employs strategic methods to collect vital evidence, including securing security camera footage and obtaining credible witness statements. These efforts are crucial in building a robust case and advocating for their client’s rights throughout the litigation process.

Maximizing Compensation

We excel in securing the maximum compensation for clients affected by slip and fall incidents. Our team adeptly handles negotiations with insurance companies and opposing counsel, employing proven tactics that emphasize the severity of the injury and the negligence involved. This approach aims to obtain fair compensation and ensures that all facets of the client’s damages are addressed, from medical bills to lost wages and pain and suffering.


The key to success in slip-and-fall lawsuits is effectively establishing negligence. This requires demonstrating that the property owner’s failure to maintain safe conditions directly resulted in an injury. Given the intricacies involved, securing experienced legal representation is critical. 

A seasoned Queens slip and fall lawyer possesses the nuanced understanding of local laws necessary to navigate these complex cases successfully. For those affected by such incidents, professional guidance is indispensable. We encourage you to contact Boland Injury Lawyers, P.C., to discuss the specifics of your situation. Our team is committed to providing a thorough consultation to help you understand your legal options and potentially move forward with a claim.