Not everyone who slips/trips and falls is entitled to a claim. If you cannot prove that the person or entity responsible for the premises created the dangerous condition or knew, and/or should’ve known, about the dangerous condition, then you will lose no matter the severity of the injuries. Thus, finding evidence of “notice” is often the key on these types of cases.
The classic example is the person who slips on a banana peel in the produce section of the grocery store. The store will always argue that one of its employees checks the aisles every 10-15 minutes as per the regulations; therefore, a customer must have dropped the peel on the floor moments before you entered the area. If this is true, you lose!
How You Can Win a Slip and Fall Injury Case in Queens, New York
To win, you must prove that a store employee caused the peel to fall onto the floor or learned that the peel was there and did not pick it up. Since this type of proof is very rare, most people are forced to utilize a constructive notice theory – i.e., the peel was on the floor for a long enough period of time that store personnel should’ve found it and cleaned it up. The time element is key and that’s why the banana peel is the perfect example because it has a built-in timer. In other words, if you slip on a green or yellow peel, you probably lose; if you slip on a brown peel, you probably win.
Need More Information For Your Slip and Fall Injury Case?
If you’d like to find out if your Queens slip/trip and fall injury has merit, feel free to call me to discus the details at 718-577-2561.