You would never expect a quick grocery trip to leave you with lasting injuries. A slip-and-fall accident in a grocery store can be incredibly jarring, and you may be unsure of your next steps.
Determining whether the grocery store owner or another party may be liable is a good starting point. It can help you understand your options for pursuing compensation, such as through an insurance claim or a premises liability lawsuit.
An NYC slip-and-fall lawyer can also provide valuable guidance during the compensation process.
Were You Injured in a Grocery Store Slip-and-Fall Accident?
Slipping and falling in public can feel embarrassing, and you may be tempted to get right back up and pretend everything is fine. But you shouldn’t take falling lightly.
The World Health Organization reports that falls are the second leading cause of unintentional injury deaths worldwide, with more than 684,000 individuals dying from them each year. About 37.3 million falls are severe enough to require medical attention each year.
Even if your grocery store accident seems minor, you may have lasting injuries that need treatment before they worsen. Acknowledging your slip-and-fall injuries can help you get the medical attention you need to start feeling better. It may also help support a potential liability claim. If you immediately get back up and act like everything is okay, you may have trouble proving your injuries later.
When Grocery Store Owners May Be Liable for Accidents
Under New York slip-and-fall laws, property owners are responsible for maintaining safe premises and reasonably preventing hazards. This responsibility extends to everyone lawfully on the property, including customers and those who stop in to use the restroom.
As a result, grocery store owners are often liable for accidents that happen in their stores. But you would need to prove four key elements to have a solid premises liability claim:
- Duty of care: The property owner had a legal obligation to maintain a reasonably safe environment. This duty applies to most property owners in NYC for all who lawfully enter their premises.
- Dangerous condition: A hazardous condition existed. In slip-and-fall accidents, hazards often include liquid spills, broken stairs, inadequate lighting, or damaged flooring.
- Notice of the dangerous condition: The grocery store owner had actual or constructive notice of the hazard. Actual notice means the owner was directly told about the hazard before the incident, while constructive notice means the dangerous condition was apparent and existed for enough time that the owner reasonably should have known about it. This element would be unnecessary if you could instead prove that the store created the dangerous condition.
- Causation and damages: The hazardous condition directly caused your accident, and you suffered damages as a result.
When Slipping and Falling in a Grocery Store May Not Give Rise to a Liability Claim
It also helps to understand certain scenarios that generally do not give rise to a liability claim. You may not have a case if you cannot prove that the store acted negligently or knew about the hazard.
The grocery store may not be liable if:
- You were in marked restricted areas when the accident occurred.
- The danger was open and obvious, meaning a reasonable person should have seen and avoided it.
- You cannot directly link your medical condition to the fall.
- The hazardous conditions were marked, such as a “wet floor” sign near a spill.
- The hazard did not exist long enough for the store to know about it, such as a liquid spill that caused you to slip and fall only seconds later.
Scheduling a consultation with an NYC slip-and-fall accident lawyer can help you better understand whether you may have a liability case.
Proving Liability in a Grocery Store Slip and Fall
If you believe your case meets the criteria above, an NYC slip-and-fall lawyer can help you explore evidence to support your case. Compelling evidence might include:
- Security camera footage from the grocery store showing the accident
- Photos of the dangerous condition that caused you to slip
- Witness testimony from other patrons who saw the accident happen
- Documentation of the hazard, such as maintenance reports
- Medical records detailing the severity of your injuries
New York follows a pure comparative negligence rule for personal injury cases. This rule allows multiple parties to share fault in an accident. If you were partly at fault for your own accident, your compensation would be reduced by your percentage of fault.
Consult a Slip-and-Fall Lawyer in NYC
You aren’t a legal expert, so understanding concepts like grocery store negligence and trip-and-fall vs. slip-and-fall laws can feel overwhelming. Consulting an NYC slip-and-fall lawyer can provide clarity about your legal options and next steps.
Ross & Hill represents accident victims across NYC through premises liability and other personal injury cases. Contact us today at 646-351-6222 to request a free consultation.
Frequently Asked Questions
How much compensation can you seek for a fall in a supermarket?
If a supermarket is liable for your fall injuries, you may be able to seek compensation for both economic and non-economic damages. Economic damages account for the real financial consequences of the accident, such as medical bills and lost wages. Non-economic damages help make up for the physical and emotional toll the accident has taken on you. An NYC slip-and-fall lawyer can explain more about your potential damages.
Can you sue a grocery store if you fall?
You may be able to sue a grocery store under premises liability laws if it is liable for your fall. The first step is often to pursue an insurance claim with the property owner’s liability insurance. If that claim doesn’t pay adequate compensation, you may consider a civil lawsuit to recover additional damages.
What kind of lawyer do I need to sue a grocery store?
An NYC slip-and-fall lawyer with experience in grocery store claims can provide reliable representation throughout the legal process. Our attorneys at Ross & Hill have experience with these and other premises liability cases and can help you move forward.
