How do you prove negligence in a slip and fall in New York? - Samantha Kucher

From Kucher Law Group - How Do You Prove Negligence in a Slip and Fall in New York? explains what it takes to prove fault after a slip and fall in New York, with a focus on Brooklyn and Kings County where a property owner’s knowledge of a hazard is often the turning point. Samantha Kucher, Esq. breaks down how an injured person can show the owner created the dangerous condition, knew about it, or should have discovered it in time to fix it, and how that dangerous condition must be tied directly to the injuries.

In this episode, you’ll get a practical walkthrough of the four elements of negligence: duty of care, breach of duty, causation, and damages. Learn what evidence strengthens a claim, including photos of the scene, witness statements, surveillance footage, maintenance records, incident reports, and medical documentation. The discussion also explains why prompt treatment and records from facilities like Kings County Hospital Center or Maimonides Medical Center can help establish a timeline connecting the fall to the harm.

The show also covers how New York’s pure comparative negligence rule under CPLR § 1411 can reduce compensation based on your share of fault, even if you still have the right to recover damages. Using examples like a broken sidewalk, a disputed Wet Floor warning, or allegations that you were distracted, Samantha explains how fault percentages can shift based on inspection practices, prior complaints, and what the evidence shows. You’ll also hear how these disputes are evaluated in Kings County courts, including the Brooklyn Supreme Court at 360 Adams Street.

Finally, the episode highlights deadlines that can quietly end a case before it starts, including the three-year filing window for many private-property claims and the much shorter Notice of Claim timeframe that often applies to government-related defendants, along with rules like NYC Administrative Code § 7-210 that can affect sidewalk responsibility. With perspective from the Kucher Law Group team, including Michael Roitman, Esq. and Alex Rybakov, Esq., you’ll learn common mistakes to avoid after a fall, when hiring a lawyer can matter most, and how to protect your right to pursue compensation. To discuss a case, call (929) 563-6780 or visit the Bedford-Stuyvesant office at 463 Pulaski Street.

Kucher Law Group

463 Pulaski St #1c, Brooklyn, NY 11221, United States

(929) 563-6780

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