Table of Contents
- What To Do Immediately After a Slip and Fall in a Grocery Store in New York
- Who’s Liable for a Slip and Fall in a Grocery Store in New York?
- Common Causes of Grocery Store Slip and Fall Accidents in New York
- Injuries Commonly Caused by Grocery Store Slip and Fall Accidents
- How To Prove the Grocery Store Was Negligent
- What Compensation Can You Recover After a Grocery Store Slip and Fall?
- How Long Do Grocery Store Slip and Fall Case Take in New York?
- How Long Do You Have To File a Grocery Store Slip and Fall Claim in New York?
- Injured in a Grocery Store Slip and Fall in New York? Lever & Ecker Can Help
What To Do Immediately After a Slip and Fall in a Grocery Store in New York
Dealing with the legal and financial aftermath of a slip and fall accident can be overwhelming, but taking the right steps after an accident can make it more manageable. Below is an overview of what to do if you experience a slip and fall accident:
1.Seek Medical Attention Right Away
Seek medical attention immediately. Even mild pain may be a sign of a serious injury. Getting early treatment can prevent your condition from worsening and will create important medical records that can serve as part of the key evidence used in New York slip, trip, and fall claims.
2.Report the Incident To Store Management
Notify a store manager or employee of the incident and confirm that an official incident report is filed. Request a copy of the incident report for your records.
3.Document and Collect Evidence
Document the hazard by taking photos and videos of the accident site and any injuries that may have occurred. Collect the names and contact information of any witnesses. Keep copies of all medical records and bills related to the injuries you sustained.
4.Avoid Giving Detailed Statements to Insurance Adjusters
If you need to speak with the other party’s insurance company, avoid giving detailed statements as they may try to use them against you. Always speak with a New York personal injury attorney before signing any documents. Insurers understand the financial pressures many victims face after an accident and may use it to offer a low settlement.
Who’s Liable for a Slip and Fall in a Grocery Store in New York?
In New York, premises liability law requires property owners and managers to maintain their property in a reasonably safe condition for visitors. This rule applies to businesses such as grocery stores. Store owners or managers face liability if they:
- Create a hazard, like a spill or leak
- Know about a hazard but fail to address it
- Should have discovered the hazard during regular inspections
In some cases, more than one party may share responsibility for your slip and fall injuries. Our lawyers will fight for you, holding all responsible parties accountable and pursuing the full compensation you need to cover your medical costs, lost income, and recovery expenses.
Shared Fault in Slip and Fall Cases in New York
Under New York’s pure comparative negligence law, you can recover damages even if you share some responsibility for slip and fall in a grocery store. Your compensation is reduced based on the percentage of fault assigned to you. For example, if your total damages are $100,000 and you are found 30% at fault, you would receive 70% of the damages, or $70,000.
New York Insurance companies may attempt to place blame on the injured party to minimize their payout. With more than 70 years of combined experience, the top-rated attorneys at Lever & Ecker understand these tactics and know how to effectively counter them. We will take care of the hard work for you.
Common Causes of Grocery Store Slip and Fall Accidents in New York
Slip and fall accidents in New York grocery stores happen for a variety of reasons, many of which could have been avoided. Here are some of the most frequent causes:
- Loose floor mats or uneven tiles
- Missing or inadequate warning signs for hazards
- Poor lighting or cluttered aisles
- Puddles caused by broken refrigeration units
- Wet floors from spills, cleaning, or leaks
Injuries Commonly Caused by Grocery Store Slip and Fall Accidents
Slips and falls in grocery stores can result in injuries that impact both physical and emotional well-being. Common injuries include:
- Back, neck, and spinal injuries
- Emotional distress
- Fractures such as wrist, ankle, or hip
- Head injuries and concussions
- Chronic pain
- Torn ligaments or muscle sprains
How To Prove the Grocery Store Was Negligent
Proving negligence in a grocery store slip and fall case can be difficult, but an experienced slip and fall attorney in New York can guide you through the process and take care of every detail. Here is what must be shown to establish negligence in a slip and fall accident:
- Duty of care: The store owner or management had a legal obligation to maintain a safe environment. For instance, property owners, managers, and landlords must ensure their properties are safe for tenants and visitors.
- Breach of duty: The store owner or management breached this duty by failing to act responsibly, such as leaving spills unattended or not posting warning signs after cleaning or waxing floors.
- Causation: The store owner’s or manager’s actions, or failure to act, directly caused your fall and resulting injuries.
- Damages: As a result, you suffered actual harm due to the accident, such as medical bills, lost wages, and pain and suffering.
What Compensation Can You Recover After a Grocery Store Slip and Fall?
After a slip and fall accident in a grocery store New York, victims may be eligible to pursue multiple types of damages to address the financial and personal toll of their injuries. Common types of compensation include:
- Non-economic damages: Pain and suffering (past and future, including any surgeries), emotional distress, disfigurement, loss of enjoyment of life
- Economic damages: Medical bills, lost wages, physical therapy, and rehabilitation costs
In rare instances, a court may award punitive damages as a punishment against the defendant for gross negligence or recklessness.
How Long Do Grocery Store Slip and Fall Case Take in New York?
The time it takes to settle a slip and fall case to settle in New York can vary widely. Factors such as the county where the case is filed, the severity of the injuries, and the willingness of the at-fault party’s insurer to negotiate all play a role in determining the outcome. If necessary, the case may proceed to trial if a settlement cannot be reached.
How Long Do You Have To File a Grocery Store Slip and Fall Claim in New York?
New York’s personal injury statute of limitations typically allows victims of grocery store slip and fall accidents three years from the date of the accident to pursue a lawsuit. If you miss this deadline, your lawsuit will be dismissed, and you may lose your chance to recover compensation. Contact Lever & Ecker as soon as possible to ensure your rights are protected.
Injured in a Grocery Store Slip and Fall in New York? Lever & Ecker Can Help
If you or a loved one suffered an injury from a slip and fall in a grocery store, you may be entitled to compensation. Contact Lever & Ecker today for a free, no-obligation case evaluation. Our New York slip and fall lawyers have a proven track record of holding negligent property owners and managers accountable and securing the compensation our clients deserve.
Contact us online or call one of our office locations:
White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337
