Skip to content

In New York, property owners have a legal obligation that requires adherence to a standard of reasonable care to prevent accidents and injuries arising from negligence. Essentially, they must take appropriate measures to discover and fix unsafe property conditions to maintain a safe environment for everyone and anyone on their premises. Failure of property owners to uphold their legal responsibilities can result in devastating consequences. If you’ve been injured in a slip-and-fall accident due to a safety hazard on someone else’s property, proving that they knew or should have known that the danger existed can be challenging. Please continue reading to learn how you may prove that a property owner was aware of the safety hazard that caused your injuries and how a dedicated New York City Premises Liability Attorney can help you today. 

Do injury victims have to fulfill the burden of proof?

Injury victims are entitled to take legal action against a negligent party to seek monetary compensation for their incurred damages. However, they will be burdened with fulfilling the burden of proof before they can collect compensation. They must prove that the property owner was responsible for the premises. Therefore, they owe them a standard duty of care. In addition, they will have to provide evidence that the property owner failed to fix or provide adequate caution about the dangerous condition and that the hazardous condition resulted in their injuries. Ultimately, it must be proven that the property owner’s negligence directly caused their injuries. It would have otherwise been preventable if the property owner had taken the appropriate measures to fix the dangerous property condition. This can be a challenging undertaking. However, it is possible to establish a property owner knew or should have known about a safety hazard.

What evidence can help prove an owner was aware of a dangerous property condition?

Firstly, injury victims can prove that a property owner was aware of a safety hazard through the time requirement standard of their duty of care. Property owners are granted a reasonable amount of time to not only discover the unsafe property condition but also enough time to have the opportunity to fix it. In today’s society, most properties have surveillance cameras and ring doorbells that can provide video footage of the premises, which may demonstrate that a dangerous property condition was left unattended for a substantial amount of time before the injury occurred.

Furthermore, in the immediate aftermath of the accident, if you are physically capable, you should take photos of the accident scene. By capturing photos of the safety hazard that caused your injuries, you can easily demonstrate that the property owner should have noticed it and taken the appropriate measures to remedy the situation.

You can prove that a property owner knew about a safety hazard in several ways. To maximize your chances of fulfilling the burden of proof, it is in your immediate interest to retain the legal services of a skilled attorney from the legal team at Swerling Law, who can help you investigate and gather pertinent evidence that supports your case. Our firm is prepared to fight to help you attain the just compensation you deserve.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

View More Results

Read Our Latest Blog Posts

Why is it Important to Take Notes After an Accident?

If you have been injured due to someone else's negligence, you may be entitled to compensation for the damages you have wrongfully endured. However, many injured parties jeopardize their chances of recovering compensation by failing to take the necessary steps to safeguard their legal rights. While you may know that…

Read More
Who Can File a Wrongful Death Claim in New York?

The untimely loss of a loved one can be a traumatic experience and cause immense grief among the whole extended family, especially if the death was caused by someone else's wrongful or negligent act. Unfortunately, despite the closest relatives being the ones who face the most emotional pain and financial…

Read More