How Building Code Violations Can Strengthen Your Slip and Fall Claim

How Building Code Violations Can Strengthen Your Slip and Fall Claim

Slip-and-fall accidents happen in a moment, but their physical, financial, and emotional impact can last a lifetime. Cities and states have building codes to minimize the risk of slip-and-fall accidents, but these are only effective when followed to the letter. If a building code violation at someone else’s property contributed to your injury, you may have grounds for a premises liability claim.

Premises liability is a property owner or occupier’s legal responsibility to ensure the premises are safe for visitors. Successful premises liability cases hinge on establishing liability. If your personal injury lawyer finds evidence of a building code violation, it could strengthen your case for compensation. This post will explain how to build a strong case for negligence in a slip and fall claim.

Building Code Violations That Impact Slip and Fall Cases

In New York City, there are many building codes and local laws that property owners must comply with. These include the 2022 Construction Codes, the Energy Conservation Code, and local laws that are updated each year. For example, Local Law 79 of 2024 requires a proactive inspection program for buildings.

These codes and laws are designed to protect visitors to businesses and homes. Sadly, when owners and occupiers neglect these regulations, accidents can happen.

The following are common building code violations that can contribute to a slip-and-fall accident:

• Insufficient lighting, especially around curbs and stairs

• Damaged or missing handrails

• Lack of non-slip mats on slippery floors

• Defective disabled access

• Broken or uneven steps

• Defective pipework/gutters, causing wet floors

• Leaks in ceilings

Building codes serve as a benchmark for the standards property owners and occupiers should meet and maintain. While remedial work is in progress, a property owner must warn visitors a hazard exists and take steps to keep them safe.

Where does premises liability apply?

Premises liability applies when you are injured while lawfully on someone else’s property. Examples include visiting your neighbor’s house as an invited guest, shopping at retail stores, or when working at someone else’s property. A personal injury lawyer can explain your legal rights in your situation.

How code violations could strengthen your case

A personal injury lawyer can investigate whether potential code violations contributed to your accident. If he or she finds that a violation took place, this could strengthen your case and may increase your chances of a successful outcome.

Even if your accident was not directly caused by a building code violation, previous citations may help prove the poor standard of maintenance in the building, bolstering your case for compensation.

Establishing Liability in a Slip and Fall Case

As part of the legal process for premises liability cases, attorneys must prove the following points:

• Duty of care: The property owner had a legal duty to ensure that the building met minimum standards for visitor safety

• Breach of duty: The property owner’s failure to follow safety regulations (which may include building codes) resulted in your fall accident

• Causation: The slip-and-fall accident directly resulted from the property owner’s negligence

• Damages: As the injured party, you are entitled to damages for the physical harm and/or financial losses you have suffered

Depending on the specific circumstances of your accident, a personal injury lawyer may choose to work with a building code expert to strengthen your case.

The role of building code experts

Building code violations are not always obvious. That is one reason why lawyers sometimes work with building code experts. These expert witnesses have specialized knowledge of building codes, local laws, and federal regulations relating to commercial properties.

Just a few examples of how building code experts can help include:

• Analyzing code compliance: Perform an in-depth analysis of construction practices, maintenance records, and work undertaken to comply with relevant building codes

• Expert report: Prepare a detailed report noting building code violations and their potential impact on visitor safety

• Expert testimony: Testify in court, explaining the details of building code violations to the judge and jury

• Guidance for legal teams: Personal injury lawyers are not building code specialists, so building code experts can guide them through relevant laws and show how these apply to your slip-and-fall claim

Creating a link between code violations and your accident

A personal injury lawyer must demonstrate a clear link between the code violation and your accident or show the property owner takes a lax approach to maintenance.

For example, poor lighting may have contributed to your accident by making it difficult to see an obstacle in your way. Your lawyer will investigate the lighting at the property to ensure it meets local and national standards. If it does not, this could strengthen your case.

On the other hand, if you trip and fall on a broken tile, it may be challenging to link this to a specific code violation. However, while investigating your case, your personal injury lawyer may discover a history of code violations and inadequate safety measures at the property. This could support your case that the property owner did not take his or her legal duty to follow safety regulations seriously.

Challenges in slip and fall cases

Proving liability in a New York slip and fall case can be challenging, even if you find evidence of code violations at the property.

You need an experienced personal injury lawyer to help you navigate challenges such as:

• Comparative negligence: The defendant may argue your negligence, such as ignoring a warning sign, was the cause of the accident and not the code violation. Under state law, this would not stop you from pursuing damages but could reduce the amount of compensation you receive in a New York slip and fall case.

• Notice requirements: In New York, the property owner must have had notice that the hazard existed. The notice can be actual or constructive, meaning that the problem had gone on long enough that the owner should have known about it.

• Lack of evidence: If there are no photographs, reports, or witness statements, it may be difficult to prove the property owner was negligent.

To give yourself the best chance of building a strong case for compensation, gather as much evidence at the scene as possible. Take multiple photographs and videos. Also, seek immediate medical attention and pursue follow-up treatment to make as full a recovery as possible.

If you suffer a serious injury, it may be impossible to gather evidence at the scene of the incident yourself. Whatever the specific circumstances of your case, call a New York slip and fall lawyer as soon as possible to discuss your legal rights and gather evidence before it disappears.

Let Hill & Moin Fight for Justice for Your Slip and Fall Injuries

After a New York slip-and-fall accident, you need a results-oriented lawyer on your side. One who will leave no stone unturned as he or she determines liability and pursues the compensation you deserve. You need the experience, compassion, and tenacity of Hill & Moin, LLP.

We have secured outstanding settlements in slip-and-fall cases. In one case, we secured a $10 million settlement after our client fell on defective steps. For another client, we secured a $3.5 million settlement for injuries caused by a defective sidewalk. When you hire us, we will bring the same level of intensity to your case as we pursue the best result on your behalf.

Do not delay in seeking justice, learning your Personal Injury Recovery SolutionsⓇ, and securing your future. Call (212) 668-6000 today for a free case evaluation, or contact us online, and we will call you back soon.

Don’t wonder about your rights!