Unfortunately, if you don’t know how or why you fell, a claim cannot be pursued. Slip and fall cases are not “absolute liability” cases as some think. In other words, just because you fall on someone’s property, even if you are injured, you must still be able to point to the defect or condition that caused you to fall. If you fall on someone’s property but can’t explain what caused you to fall, you are unable to bring a slip and fall case in NY. Occasionally, if there are reasons for not knowing how or why you fell, an investigation may yield evidence that gives the answer. It’s important that these are conducted as close in time to the fall as possible so that the defect or condition is as close to it was when you fell.
