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Signs I Could Win a Slip and Fall Injury Claim

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Apr 9, 2026

Read Time: 4 mins

When you slip or trip and fall because of a property owner’s or manager’s negligence, you have a right to recover compensation for your losses and injuries. The New York and New Jersey slip and fall lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help you to understand if you have a strong case to recover damages and to recognize the signs that you could win a slip and fall injury case.

You can recover damages for slip and fall injuries when you can prove that someone else was negligent.

Under both New York and New Jersey laws, in order to prove that another party was negligent, you will need to show that the party owed you some duty of care, that the party breached that duty, that the breach was the proximate cause of your losses and injuries, and that those losses and injuries imposed costs and expenses upon you.

The property owner’s duty of care depends on why you were on the property.

Property owners have a higher standard of care regarding guests and people who were invited onto their property than they do to trespassers. Where commercial property is concerned, including shopping centers, office buildings, and parking lots, the property owner or manager is obligated to remove or to warn guests and invitees about slip and fall hazards, to provide adequate lighting and clear and level walkways, and to clear spilled liquids and accumulated ice and snow. The first sign that you could win your slip and fall injury case is if any of these conditions led to your fall.

Your slip and fall accident must be a direct and proximate cause of your injuries.

If the fall did not cause injuries or your injuries are relatively minor, your slip and fall case might be subject to dismissal. If on the other hand, the fall caused broken bones, head, neck or spinal trauma, open wounds that require stitches, or internal organ injury, you will be able to show losses and injuries that entitle you to compensation. You may also be able to prove damages if the slip and fall exacerbated an existing injury. The seriousness of your injuries is the next sign of your chances to win your slip and fall case.

The property owner or manager will likely challenge your slip and fall claims.

Consider whether the property owner or manager can argue, for example, that:

Even if you were invited or expected to be on the property, you went to a part of the property that was closed off or had restricted access;
You were using your phone or were otherwise distracted, and you ignored obvious hazards that caused you to fall;
You were wearing shoes that did not match the conditions on the property;
Other visitors to the property saw the hazard and avoided it, and you should also have noticed the slip and fall hazard.

The third sign that you could win your slip and fall case is that none of these or any other defenses apply to your case.

You have detailed information and records about your slip and fall accident.

You have two years in New Jersey and three years from the date of your slip and fall accident in New York. If you retain the slip and fall lawyers at KGG Law immediately after the accident, we will be able to collect the facts and information needed to support a lawsuit. If you wait to file your case, that information will be more difficult to recover, particularly if conditions on the property have changed and witness memories have faded. The fourth sign that you could win your slip and fall accident lawsuit is that if you have started your claim soon after the accident and you have detailed information about the accident scene, your injuries, and the medical bills and other expenses you incurred to recover from those injuries.

Contact the KGG Personal Injury Attorneys to Start Your Slip and Fall Case

Call the slip and fall lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. in New York or New Jersey for a complimentary consultation about your opportunity to recover damages from a negligent property owner or manager. We will review the evidence in your case and provide fair and objective responses to your questions and concerns about recovering your damages.

The signs that you could win your slip and fall case are not always obvious. Contact us to discuss the facts about your case. You will have no obligation to retain our firm, but if you do ask us to represent you and we agree to take your case, we will fight tirelessly to recover the compensation you deserve for your slip and fall losses and injuries.

Why Trust Us?

150+ Reviews

50+ Years of Service

Full-Service Law Firm

Client Reviews

    
 
 
      Posted on Google  
   LWelsh 
 29 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Clever and efficient.
  
 
     Posted on Google  
   Kenny Perlow 
 50 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
     Posted on Google  
   Aliza Ali 
 114 days ago
 
 
 Trustindex verifies that the original source of the review is Google. My dad had a great experience with this law firm. From the very beginning, the team was professional, knowledgeable, and always willing to answer our questions. They kept us informed throughout the entire process and made what could have been a very stressful situation much easier to handle. We truly appreciated their dedication, honesty, and hard work. Thanks to their support, my dad felt confident every step of the way. We are very grateful for everything they did and would highly recommend this firm to anyone looking for reliable legal representation.
  
 
     Posted on Google  
   Jana Montero 
 117 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
     Posted on Google  
   Mike Sakmann 
 123 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
     Posted on Google  
   Liz Hecker 
 129 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I can't say enough about this firm. They manage to comfort you during the whole legal process while staying professional and doing what is right. I would recommend them to anyone and also hire them again if I need legal help.
  
 
     Posted on Google  
   Brandy Miller 
 152 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate is the best. She helped me very quickly, and was very attentive with all of my needs. So thankful for her
  
 
     Posted on Google  
   Mike Greenspan 
 165 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
     Posted on Google  
   Jonathan Sampson 
 172 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
     Posted on Google  
   Vinnie Kung 
 175 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Signs I Could Win a Slip and Fall Injury Claim

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