Witness Statements in Premises Liability Cases: Why They Matter and How They Strengthen Your Claim
November 18, 2025
When you slip, trip, or fall on someone else’s property, your case often depends on the evidence you can gather. One of the most powerful forms of evidence in premises liability cases is witness statements.
Witnesses can help show how the accident happened, what the hazard looked like, and whether the property owner knew about the danger before you were hurt.
Below are the four types of witnesses that can strengthen your claim.
Other Customers or Visitors Who Saw You Fall
People who were nearby during your accident can confirm:
- What the hazard looked like
- Whether the area had poor lighting or slippery surfaces
- How long the condition existed
- How the fall happened
- Your immediate injuries
Their statements create a clear picture of what happened and help support your version of events.
Source:
The National Safety Council notes that slips, trips, and falls are one of the leading causes of preventable injuries nationwide.
Employees Who Knew About the Hazard
Employees may know important details such as:
- How long the hazard existed
- Whether it had been reported
- If safety checks were skipped
- Whether warning signs were missing
If an employee knew about the dangerous condition and failed to fix it or warn customers, it may help prove actual notice under New York premises liability rules.
Source:
The Occupational Safety and Health Administration (OSHA) explains employer duties to maintain safe walking surfaces in workplaces.
Expert Witnesses on Building Codes and Safety
Expert witnesses can explain complex safety issues such as:
- Building code violations
- Poor lighting
- Unsafe stair or flooring design
- Whether the hazard should have been repaired sooner
Experts help juries and insurance companies understand why the condition was dangerous and how it violated safety standards.
Sources:
- International Code Council (ICC) – publishes building safety codes used nationwide.
- National Institute for Occupational Safety and Health (NIOSH) – conducts research on fall hazards and injury prevention.
Prior Incident Witnesses
If others were hurt in the same area before your accident, their statements may show the property owner should have known about the danger.
These witnesses can confirm:
- Complaints were made previously
- The hazard existed for a long time
- Management ignored repeated warnings
- The fall location was a known problem area
This supports constructive notice, a key element in winning premises liability cases.
Source:
The Federal Trade Commission (FTC) highlights the importance of maintaining accurate business records, including reports of hazards and security footage.
Why Witness Statements Matter
Witnesses help:
- Confirm your account of the accident
- Prove how long the hazard was present
- Show that the property owner ignored safety duties
- Support negligence under New York law
Even one strong witness can significantly strengthen your case.
What to Do After a Fall Accident
If you’re hurt on someone else’s property, try to:
- Collect witness names and contact info
- Ask nearby employees if they knew about the hazard
- Take photos and videos of the area
- Report the incident to management
- Contact a premises liability lawyer right away
An attorney can help gather and preserve witness statements before they disappear.
We’re Here to Help
At LFK Law Practice, P.C., we collect witness statements, obtain surveillance footage, and build strong premises negligence cases for injured clients across New York.
If you were hurt due to unsafe property conditions, contact us today for a free consultation.
We’ll guide you through your legal options and fight for the compensation you deserve.
Frequently Asked Questions
Do I need witnesses to win my case?
No, but they make your case stronger by confirming what the hazard looked like and how your accident happened.
What if I didn’t get witness names at the scene?
Your attorney may still locate witnesses through video footage, employee lists, or store records.
Are employees allowed to give statements?
Yes — employees are often key to showing the owner knew about the hazard.
Why are expert witnesses used?
Experts explain building codes, lighting standards, and safety protocols in a way juries can easily understand.
What if others had accidents in the same spot?
Prior incidents can strongly support your claim by proving constructive notice.
