Determining Liability After a Slip and Fall

Who’s Responsible and Why It’s Rarely Straightforward

When you’re injured in a slip and fall, the physical pain is only part of the story. 

Pretty soon, you’re hit with bills, paperwork, time off work, and one big question: Who’s legally responsible for this? It might seem obvious, especially if the hazard was right in front of you, but proving liability under the law takes more than just pointing fingers.

At Horn Wright, LLP, our slip and fall attorneys help people across New York, New Jersey, Vermont, New Hampshire, and Maine figure out who’s truly at fault and how to hold them accountable. 

We’ve seen it all, from neglected stairwells in Manhattan to icy driveways in rural Maine, and we know what it takes to build a liability case that holds up.

Liability Depends on Control and Knowledge

The first thing we look at in any slip and fall case is control—who owned or controlled the property where you were hurt? That’s step one. But that’s not enough. We also need to know if that person or entity knew (or should’ve known) about the hazard that caused your fall.

Property owners have a legal duty to keep their premises reasonably safe. This includes inspecting for hazards, fixing dangerous conditions, and warning about risks they can’t immediately fix. If they knew about the issue and ignored it, or didn’t take reasonable steps to prevent it, that’s where liability starts to take shape.

Even if the owner didn’t see the hazard personally, they can still be held responsible under the concept of constructive notice. That means they should have known, either because the hazard existed long enough or because regular inspections would’ve revealed it. Courts don’t require perfection, but they do expect diligence.

Private Property vs. Public Property Liability

Where the fall happened plays a big role in who might be responsible. The process for determining liability and proving it varies depending on whether the property was privately owned or publicly maintained.

• Falls on Private Property. If you fell inside a business, apartment building, or someone’s home, the property owner (or tenant in control) may be liable. They’re expected to monitor and maintain safe conditions in all accessible areas. Insurance policies—like homeowner’s or commercial liability—typically apply, but the policyholder must be shown to have acted carelessly or ignored known dangers.
• Falls on Public Property. Sidewalks, transit stations, public parks, and city-owned buildings bring a different set of rules. In New York, claims against a city or municipal entity require a Notice of Claim filed within 90 days. The same goes for many other states in the Northeast. These claims often require more documentation and move under stricter timelines.
• Shared or Leased Spaces. In buildings with multiple tenants—like strip malls, commercial complexes, or shared residential buildings—determining control can get tricky. Liability might fall on the landlord, the tenant running the business, or even a property management company. Lease agreements sometimes outline who handles maintenance, and that detail can make or break a case.

The Role of Negligence in Slip and Fall Cases

Liability hinges on negligence. That means someone didn’t do what they were supposed to do to keep others safe. In slip and fall cases, proving negligence often comes down to showing three key things:

1. A hazardous condition existed.
2. The property owner or manager knew (or should’ve known) about it.
3. They failed to fix it or warn you in time.

Negligence isn’t about what someone meant to do. It’s about what they failed to do. For instance, if a landlord knew the stairwell light was out and ignored multiple complaints, they’ve failed in their legal duty. If a grocery store employee mopped the floor but didn’t post a warning sign, that’s negligence too.

Even if the condition was temporary, like ice that formed overnight or a spill that happened an hour ago, property owners can still be liable if they had a reasonable opportunity to discover and address the issue.

When You Might Be Blamed Too

In many slip and fall cases, the property owner’s insurance company will try to shift some or all of the blame back to you. That’s because comparative negligence rules apply in many states, including New York and New Jersey.

Under this rule, more than one person can share fault. If the defense proves you were partially responsible—say, for not watching where you were going—they can reduce your payout by the percentage of fault assigned to you. That’s why documentation and clear reporting are so important.

For example, if a court finds you 30% at fault because you were texting when you fell, and the total damages are $100,000, you’d only be awarded $70,000. It’s not an all-or-nothing system, but any percentage against you weakens your recovery.

Proving Liability: What Evidence You’ll Need

Building a liability case starts with evidence. It’s not enough to say what happened. You have to show it. The more you can gather early on, the better your chances of proving who was negligent and how.

• Photos and Video Footage. Take photos of the scene immediately after the fall if you can. Capture the hazard, the surrounding area, lighting, signage (or lack of it), and anything else that helps tell the story. Nearby security cameras—from stores, homes, or traffic poles—might have caught the incident.
• Witness Statements. People who saw your fall, the hazard, or the conditions leading up to it can be valuable. Even if they didn’t see the fall itself, they might testify to how long the danger existed. Get names and contact info at the scene if possible.
• Maintenance or Inspection Records. In some cases, your attorney in New York can request logs that show when the area was last cleaned, inspected, or repaired. If there’s a pattern of neglect or long gaps in maintenance, that supports your case. This is especially helpful in commercial or municipal claims.

It’s Not Always One Person’s Fault, But That Doesn’t Let Anyone Off the Hook

Some falls are the result of multiple factors. Maybe the lighting was poor, and the floor was slick. Maybe a warning sign was posted, but it was placed too far from the hazard to help. The law accounts for these grey areas, and so do the courts.

At Horn Wright, LLP, our personal injury attorneys focus on uncovering every piece of responsibility. We look at ownership, maintenance, third-party vendors, and even weather-related obligations. If more than one party played a role, we build a case that reflects the full picture.

Don’t assume you can’t prove liability just because the situation feels complicated. With the right support, it’s entirely possible to hold the right people accountable and get the compensation you deserve. Contact our office today to schedule your complimentary case review.