When you enter an NYC grocery store, you assume that the conditions will be reasonably safe to prevent accidents. But even seemingly minor hazards, like wet floors or merchandise in the aisle, can be the catalyst for a serious injury.
When is a grocery store liable for an accident? Working with a premises liability lawyer in New York can help you understand your legal rights and options.
Common Causes of Accidents in Grocery Stores
New York City residents use grocery stores differently than residents in smaller cities across the country. For example, the nationwide optimal ratio of grocery stores to people, according to NYC Health, is approximately one 50,000- to 100,000-square-foot store for every 10,000 people within an 8- to 10-minute drive. Meanwhile, the same report suggests an optimal ratio for NYC residents of 30,000 square feet of grocery store for every 10,000 people in a single neighborhood.
Some market data calculates that NYC is home to approximately 5,600 grocery stores. As an NYC resident, you know that grocery stores are often crowded, and some are not maintained to the highest standards. Injuries can happen in these businesses due to a range of causes, such as:
- Spilled liquids or unmarked wet floors from mopping
- Cluttered aisles or obstructed walkways
- Poor lighting in central areas
- Damaged or uneven flooring
- Merchandise falling from upper shelves
When Is a Grocery Store Liable for Injuries?
If you recently suffered an injury at a grocery store, understanding premises liability is key to knowing whether you might have a claim. Property owners may be liable for injuries that occur on their premises when:
- They knew, or reasonably should have known, about the hazard that caused the accident.
- They failed to mitigate the hazard, leading to the accident.
A premises liability lawyer in New York can help you understand whether your accident might meet these criteria. For example, if you slipped and fell in a puddle of milk that only formed within the previous few minutes, you may not be able to assert that the property owner knew or should have known about it. But if you fell on damaged flooring that had been there for some time, you may have a claim.
To have a valid case, you also need to show that you were lawfully on the premises when the accident happened, meaning you were not trespassing. Finally, you must tie your injuries directly to the hazard and resulting accident, showing that the injuries were not pre-existing or due to some other cause.
What To Do After a Grocery Store Accident
Knowing how to proceed after a grocery store accident can be overwhelming. You may be tempted to brush the incident under the rug or pretend it didn’t happen. But if you suffered serious injuries that require medical treatment, exploring the grocery store’s liability could be worthwhile. The store may owe you a significant amount of compensation.
Taking these steps following your accident can help you preserve your potential grocery store premises liability claim:
- Alert the store manager and request an accident report. Before leaving the store, report the incident to the manager or owner and request a written accident report. This report can serve as valuable evidence in your accident case.
- Take photos and videos of the accident scene. If you can, record the accident scene before leaving as well. Be sure to take photos of the hazard that caused the accident. Also ask the manager to preserve any security camera footage that may show the accident, and ask for the contact information of any witnesses.
- Seek medical attention promptly. This can help you avoid overlooking potential injuries and provide you with medical documentation to use as part of your claim.
- Consult a grocery store slip-and-fall lawyer in NYC. A premises liability lawyer in New York can evaluate the details of your accident and help you understand whether you may have a legal case. If so, they can walk you through the process of seeking compensation and strengthening your case.
Speak With a Personal Injury Lawyer in Queens, NY
You shouldn’t have to pay medical bills out of pocket if the grocery store was liable for your injuries. It’s worth talking to a personal injury attorney in Queens, NY, to understand whether you may have a case against the store. You may be able to seek compensation for medical expenses, lost wages, and even non-economic damages like pain and suffering.
Our attorneys at Ross & Hill can walk you through the steps after a slip, trip, and fall accident and help you understand your options. Contact us today at (646) 351-6222 to request a free consultation.
Frequently Asked Questions
When is a grocery store not liable for an accident?
A grocery store may not be liable for an accident if it reasonably couldn’t have known about the hazard that caused the accident, if you were responsible for your own injury, or if you were trespassing when you were injured. An attorney can help you understand liability for slip-and-fall accidents in grocery stores and whether the store may have been responsible.
How long do you have to sue a grocery store after an accident in NY?
You generally have three years from the accident date to pursue a premises liability case against a grocery store. However, the quicker you file your case, the better opportunity you will have to collect evidence showing the grocery store’s liability. Valuable evidence can disappear quickly, so you may want to consult an attorney sooner rather than later to discuss your options.
Can I sue a grocery store if I was struck by an item falling off a shelf?
If you were struck by an item falling off a shelf at a grocery store, you may be able to hold the store liable if you can show that they should have known about the hazard, yet failed to mitigate it. Maybe the store used unsafe stocking methods or improperly stacked displays. Falling object injury claims can be challenging to prove because they are often truly accidental; a premises liability lawyer in New York can explain more.
