Why New York Slip and Fall Cases are so Difficult

“Slip and fall” cases may sound quite simple and straightforward, however, they are often among the most difficult and complicated types of cases to prove. I’ve recently come across a slip and fall case in which the hidden complexity behind these matters was clearly demonstrated. The case, titled Goldin v. Riverbay Corp, dealt with a plaintiff who brought about a lawsuit after slipping and falling on a friend’s slippery wood floor. In the lawsuit, the plaintiff looked to sue the friend and the maintenance company that had installed and polished the new wood floor with paste wax. The plaintiff believed that the paste wax made the new floor too slippery and thus caused him to fall and become injured. However, like many slip and fall cases, this claim was hard to support.

In order to back an injury case, you must be able to show negligence. Proving negligence is absolutely essential. In this case, the plaintiff had difficulty doing so. The plaintiff was unable to show that the maintenance company had negligently applied the paste wax nor that the wax had a history of making floors overly slippery.  With many slip and fall cases, it’s necessary to hire an an expert engineer to examine the area where the accident has taken place. In this case, an engineer was hired to find the coefficient of friction for the floor. The engineer’s findings failed to carry much weight though because it was impossible to show that the same conditions had existed 3 months earlier, during the time of the accident. Because of a lack of strong evidence, the plaintiff’s case was rejected.

The Goldin v. Riverbay Corp case helps to show just how complicated slip and fall cases often become. Proving negligence is a tough task, and the need to bring in engineers and other experts only goes to show the hidden complexity behind these cases. Despite such difficulties, our Long Island Personal Injury attorneys have been extremely successful at obtaining monetary compensation for slip and fall victims throughout New York City, Nassau and Suffolk County. If you have been injured, please contact our slip and fall lawyers for a free case evaluation.