Why Slip and Fall Cases Can Be Challenging

The Struggles Nobody Tells You About

On paper, slip and fall cases look simple: you fell, you got hurt, and the property owner didn’t do their job. In reality? It’s rarely that straightforward. 

Property owners, insurers, and even defense lawyers make it their mission to twist facts, delay claims, and chip away at your confidence. You’re left frustrated, confused, and wondering why getting help feels like such an uphill battle.

At Horn Wright, LLP, our slip and fall attorneys help clients across New York, New Jersey, New Hampshire, Vermont, and Maine push through these challenges. We know the defense playbook inside and out because we’ve seen it used against hardworking people like you time and time again. 

The good news? Challenges don’t mean impossible. They mean you need strong, organized proof and a legal team that refuses to back down. Slip and fall cases come with unique obstacles, but when you know what to expect, you’re already a step ahead. 

With the right approach, you can protect your rights, build a stronger claim, and demand fair compensation for what you’ve lost.

Proving Negligence Isn’t Always Easy

At the heart of every slip and fall case is negligence, but proving it takes more than pointing at a puddle or broken stair. 

You have to show the property owner knew, or should’ve known, about the hazard and failed to fix it. That means evidence is everything, and without it, the other side will argue the danger didn’t exist or wasn’t serious.

Courts and insurers look closely at the details. Did the hazard sit there long enough for someone to notice? Were inspection routines followed? Were there warnings in place? These questions can turn what feels obvious to you into something that sounds less clear in a courtroom.

Our personal injury attorneys gather inspection logs, interview staff, and line up expert opinions that cut through the noise. When the defense tries to hide behind “we didn’t know,” we show exactly why they should’ve known and why that matters.

The Blame Game Never Stops

One of the hardest parts of slip and fall cases is how quickly the finger-pointing starts. Property owners and insurers rarely admit fault, and instead they aim their arguments at you. 

That blame game can be discouraging, but it’s predictable and beatable. Here are the defenses you’ll likely face:

• They’ll say the hazard was obvious. Owners often claim you should’ve seen the spill, the crack, or the dim lighting. But even “obvious” dangers don’t erase their duty to fix unsafe conditions. People can’t walk with eyes glued to the ground every second, and courts know that. This excuse doesn’t hold up when evidence shows they ignored a hazard.
• They’ll argue they didn’t know about it. Owners lean on ignorance as a shield, but the law also covers what they should’ve known. Routine inspections and maintenance are part of the deal. When those aren’t happening, ignorance is negligence. Proving missed inspections can flip their argument against them.
• They’ll claim you caused your own fall. Shoes, phones, or “not paying attention” are the usual suspects here. It’s a tactic meant to reduce payouts under New York’s comparative negligence rule. With the right evidence, we show why their hazard—not your steps—was the real cause. The law doesn’t let them dodge responsibility by shifting blame.

Comparative Negligence Reduces Your Recovery

New York followscomparative negligence, which means even if you win, your award can shrink if the court decides you share some of the blame. This rule makes property owners and insurers double down on proving you were careless. They’ll zoom in on your actions, hoping to chip away at your compensation.

That doesn’t mean you’re powerless. Comparative negligence still allows you to recover damages even if you’re partly responsible. It just reduces the amount. If you’re found 20 percent at fault, you still get 80 percent of your damages. That’s why controlling the narrative and showing clear evidence matters so much.

Our job, as your premises liability attorney, is to keep the focus on the unsafe conditions. We don’t let them magnify a tiny mistake to overshadow the fact that the owner left a hazard where you never should’ve been exposed to it in the first place.

Gathering Evidence Before It’s Gone

Slip and fall evidence doesn’t stick around. Hazards get fixed, floors get mopped, and security footage gets deleted—sometimes within hours. Without quick action, critical proof vanishes, and the defense pretends it was never there. That’s why preserving evidence right away is so important.

• Take photos and videos at the scene. Capture wide shots of the area and close-ups of the hazard. Lighting, angles, and surrounding context matter. Even a quick video walkthrough can make a huge difference later. Without this, owners often deny the hazard existed.
• Ask for an incident report. If you fall in a store, restaurant, or public building, request that a report be made. Keep a copy if possible or note down who created it. Reports confirm the timing and location of your accident. They’re powerful tools when owners later claim no knowledge.
• Collect witness contact info. People who saw your fall or the hazard can back up your story. Juries believe independent witnesses, and insurers pay attention to them. Don’t leave the scene without names and numbers. Their words can cut through denial later.
• Preserve medical records. Immediate treatment ties your injuries to the fall. Without it, insurers argue your pain came from something else. Every appointment and test strengthens your claim. Skipping care weakens it.

Fighting Against Insurance Tactics

Insurance companies are in the business of saving money, not paying claims. They’ll try lowball offers, endless delays, and tactics designed to wear you down. They know you’re stressed, and they bet you’ll accept less just to be done with it. Recognizing these tricks makes it easier to push back.

Delays are one of the oldest moves. Adjusters promise to “review” or “wait for more documentation” while deadlines creep closer. Lowball offers come next, usually framed as “reasonable” or “the best we can do.” But those numbers often cover only a fraction of what you’ve lost.

With a lawyer on your side, you don’t face these games alone. We set deadlines, demand fair numbers, and push toward trial if necessary. Insurers know which attorneys won’t blink, and that knowledge often brings better offers to the table.

Why Having the Right Lawyer Changes Everything

Slip and fall cases are tough battles, but they’re not battles you have to fight by yourself.

The right lawyer knows the defense strategies, the legal standards, and the evidence needed to prove negligence. Having someone in your corner means you’re not walking into negotiations or court empty-handed.

A lawyer handles the heavy lifting—filing preservation requests, lining up expert testimony, and keeping deadlines in check. That frees you to focus on your recovery instead of playing investigator and paralegal at the same time. It’s the difference between a case that fizzles and one that secures justice.

At Horn Wright, LLP, our legal professionals don’t back down when property owners play games. We push until accountability sticks.

Fight Back with Horn Wright, LLP

Slip and fall cases come with obstacles, but none of them mean you can’t win. 

What matters is how you respond, how quickly you act, and who you have fighting by your side. With the right evidence and the right team, challenges stop being roadblocks and start being stepping stones.

If you’ve been hurt on someone else’s property, let’s talk. We’ll review your situation, explain where the defense will push back, and outline the steps we’ll take to protect your claim.

Contact our New York attorneys today to book a free, no-pressure consultation.