Hurwitz Fine Long Island attorneys Ashley Cuneo, Patrice Melville, and Rachel Epstein recently presented a webinar examining the growing prevalence of fraudulent slip-and-fall claims in New York and the practical strategies defense counsel and claims professionals can use to identify, investigate, and defend these cases. Below are the key takeaways:
1. Fraudulent Premises Liability Claims Are Becoming More Sophisticated
Many fraudulent claims involve organized schemes rather than isolated incidents. These operations may include recruiters ("runners"), affiliated medical providers, repeat claimants, and coordinated legal representation designed to maximize claim value.
2. Recognize the Red Flags Early
Potential warning signs include:
• Delayed reporting of the incident
• No independent witnesses
• Inconsistent accident descriptions
• Immediate attorney involvement
• Extensive prior claims history
• Excessive or coordinated medical treatment
• Social media activity inconsistent with claimed injuries
• Repeated use of the same medical providers or plaintiff firms
3. The First 24–48 Hours Can Make the Difference
Early investigation is critical. Preserving surveillance footage, documenting the accident scene, obtaining witness statements, and securing maintenance and inspection records can preserve evidence that may otherwise be lost before litigation begins.
4. Preserve More Video Than You Think You Need
Surveillance footage should include time before and after the alleged incident—not just the accident itself. Video showing no accident or revealing a plaintiff's actions before the alleged fall can become some of the strongest evidence in the case.
5. Technology Is One of the Strongest Fraud-Fighting Tools Available
Electronic inspection logs, time-stamped maintenance records, surveillance systems, weather data, and social media investigations can provide objective evidence that supports a defense and challenges a plaintiff's version of events.
6. Maintenance Records Can Defeat Notice Claims
Inspection logs, cleaning schedules, maintenance contracts, and incident reports remain critical evidence. Combined with surveillance footage, these records can establish that reasonable inspections occurred and help defeat allegations of actual or constructive notice.
7. Don't Overlook the Plaintiff's Digital Footprint
Social media, prior lawsuits, workers' compensation claims, bankruptcy filings, and other publicly available information can reveal inconsistencies, identify repeat claimants, and undermine allegations of permanent injury. Proper preservation of this digital evidence is essential.
8. Engage the Carrier's SIU Early
Once multiple red flags begin to emerge, defense counsel should coordinate with the insurer's Special Investigation Unit (SIU). Early collaboration can uncover broader fraud patterns, identify suspect providers or repeat participants, and, in appropriate cases, lead to referrals to law enforcement.
9. Use Discovery to Build a Story of Intentional Deception
Successful fraud defenses are built by connecting multiple pieces of evidence—not relying on a single inconsistency. Surveillance, medical records, witness testimony, prior litigation history, and social media should work together to establish a pattern rather than isolated discrepancies.
10. Trial Strategy Should Focus on Credibility
When preparing for trial, present the evidence as a clear, chronological narrative showing intentional deception rather than mistake. Visual timelines, impeachment with prior statements and social media, and effective use of the plaintiff's own testimony can significantly enhance credibility before the jury.
In Conclusion
Defending fraudulent slip-and-fall claims requires more than challenging liability—it requires a proactive, coordinated investigation from the earliest stages of a claim. By recognizing red flags, preserving critical evidence, leveraging technology, and working closely with SIU investigators, defense counsel and claims professionals can expose questionable claims and position cases for favorable resolution or trial success.
