When Is Expert Testimony Admissible in a New York Slip or Trip and Fall Case?
In New York personal injury law, especially in slip and fall or trip and fall cases, expert testimony often plays a critical role. But not all expert opinions are created equal. For expert testimony to be admitted—and actually help win a case—it must meet specific legal standards.
At MJP Injury Law, we know how to leverage expert support the right way. Below, attorney Michael Prisco explains when and how expert opinions are admissible in New York courts.
What Makes Expert Testimony Admissible?
In simple terms, an expert can’t just give an opinion out of thin air. Their conclusions must be based on actual evidence in the case or personal knowledge gained through a site inspection or testing. As the First Department explained in Cabrera v. Golden, 231 A.D.3d 149 (1st Dept. 2024), expert opinion must be “supported by either facts disclosed by the evidence or by facts known to the expert personally.”
This means that if an engineer, safety expert, or building code specialist is going to testify, they must rely on verifiable data—not speculation. A common and accepted approach is for the expert to inspect the accident site and test conditions like step height, lighting, floor friction, or walkway slope.
Courts Favor Expert Opinions Based on Empirical Evidence
Recent appellate decisions affirm that empirical evidence from a site inspection provides a solid foundation for admissible expert testimony. For example:
- In Hernandez v. 207 E. 14th St. Realty Corp., 2025 N.Y. App. Div. LEXIS 1155 (1st Dept. 2025), the court found an expert’s testimony admissible because it was based on site testing that measured the dynamic coefficient of friction, which was below accepted safety standards.
- In Del Marte v. Leka Realty LLC, 156 A.D.3d 453 (1st Dept. 2017), expert testimony was allowed where the expert had conducted a physical inspection of the allegedly defective condition and applied industry standards.
When an expert uses this type of factual, scientific approach, their opinion can significantly bolster a plaintiff’s case.
The Role of the Court and Jury
Importantly, New York courts don’t act as gatekeepers to decide which side’s expert is more credible. As long as the expert’s opinion is based on admissible evidence, courts typically leave it to the jury to weigh that testimony.
In Colarossi v. C.R. Bard, Inc., 113 A.D.3d 407 (1st Dept. 2014) and Melo v. Morm Management, A.D.3d 499 (1st Dept. 2012), the appellate court reiterated that judges should not reject expert testimony simply because another expert disagrees. As long as both are qualified and rely on legitimate methods, it’s up to a jury to decide who to believe.
This principle was reinforced in Sumowicz v. Gimbel Brothers, 161 A.D.2d 341 (1st Dept. 1990), and Karasick v. Bird, 98 A.D.3d 359 (1st Dept. 1984), where the courts recognized that expert opinions addressing material trial issues should go to a jury, not be dismissed on summary judgment.
Why This Matters to Your Injury Case
In slip and fall or trip and fall cases—where liability may hinge on issues like poor lighting, worn stairs, or slick flooring—an expert’s voice can be the difference between a dismissed case and a successful verdict. But only if that testimony is rooted in facts and proper methodology.
At MJP Injury Law, we know how to build a case using the right experts—and how to make sure their testimony is admissible and persuasive in court.
Injured in a Fall? Call MJP Injury Law Today
If you were injured in a fall, don’t go it alone. Contact attorney Michael Prisco and MJP Injury Law today for a free consultation. We’ll help determine whether expert testimony can support your case—and fight to get you the compensation you deserve.