Arguments the defense usually raises
In a slip and fall lawsuit, the defense typically focuses on whether the owner had notice of the condition. It may argue that the spill appeared moments before the fall, that inspections were routine and recent, or that nobody had complained. It also argues about the condition itself, sometimes saying a height difference was trivial or that the hazard was plainly visible. In New York, an obvious hazard can affect the duty to warn and the share of fault, but it does not automatically end a claim that a property was kept in unsafe condition. Expect questions about your footwear, what you were looking at, and whether you had walked there before.
Evidence that filing opens up
Filing suit gives access to material an insurer usually will not share voluntarily, including cleaning and inspection logs, maintenance records, prior complaints, internal incident reports, and surveillance footage if it was kept. Depositions of employees and managers can show how the property was actually maintained. Where video was destroyed after a preservation request, courts can impose sanctions. On the injury side, the defense will examine your prior medical history and usually request an examination by its own doctor. Because your health before the fall will be scrutinized, be candid with your lawyer about earlier injuries.
Where a filed case goes
Many fall cases are decided, or reshaped, at summary judgment, when the defense asks the court to dismiss before trial on the ground that the evidence of notice is too thin. Surviving that motion often changes how the insurer views the case. Settlement discussions and mediation can happen at any stage. We review the evidence collected so far, whether a preservation letter went out, and how the filing deadline applies to your fall.
