You may have the right to file a claim against a New York City grocery store if you suffered injuries in a slip and fall. To recover compensation, you must show the store caused, knew of, or should have noticed the dangerous condition and didn’t act to repair it or alert customers.
The best way to learn whether you have a claim is to contact an experienced NYC grocery slip and fall attorney. We can review your case at David Resnick & Associates, P.C during a free consultation.
What Should You Do If You Have Been the Victim of a Grocery Slip and Fall?
Taking immediate action after a slip and fall can make a difference in your potential personal injury claim. Your first step should be to see a doctor. Injuries like concussions or internal bleeding may not show symptoms right away.
Next, document the accident. Take photos of the area where you fell. Include any spills, wet floors, or obstacles. Write down the date, time, and any employees present. If others saw the fall, ask for their contact information.
Also, report the accident to the store manager. An employee should write and/or sign the report. Do not offer any opinion on who is at fault. Stick to the facts.
When you are ready to take legal action, contact us at David Resnick & Associates, P.C., to learn about your rights and options and how an experienced slip and fall attorney can help you seek maximum compensation in your slip and fall claim.
How Can a New York City Personal Injury Lawyer Help You After a Slip and Fall?
Dealing with grocery store owners and their insurance companies is frustrating, especially when recovering from serious injuries. An experienced personal injury lawyer at David Resnick & Associates, P.C., can guide you through the legal process and handle the details while you focus on your health.
We will investigate the store’s conditions, gather evidence, and determine whether negligence caused your fall. We can also handle communications with the grocery store’s insurance company and negotiate for fair compensation.
What Are Common Causes of Slip and Fall Accidents at Grocery Stores in NYC?
Grocery stores can have multiple fall hazards. Slip and fall accidents occur in grocery stores often due to hazards such as the following:
- Wet floors – Spills, leaks, and freshly mopped areas can create slick surfaces. You may not see the hazard without warning signs until it’s too late.
- Poor lighting – Dimly lit aisles and exit areas make it harder to see hazards like fallen produce or spilled liquids.
- Loose or damaged floor mats – Mats that slide or curl are a tripping hazard.
- Cluttered aisles – Boxes, carts, or merchandise left in aisles can obstruct walkways and increase your fall risk.
These hazards are often preventable. You may have a strong claim if the store failed to keep the store safe and clean.
How Can You Prove the Grocery Store’s Negligence Caused Your Slip and Fall?
To succeed in a premises liability case, you must prove four key elements:
- Duty – The store has a legal duty to keep its premises reasonably safe for customers. Property owners must correct or warn them of known dangers.
- Breach – You must show the store failed to keep the store safe or warn of dangers.
- Causation – You must prove that the store’s breach directly caused your injury. The accident must have resulted from an unsafe condition, not unrelated factors.
- Damages – Finally, you must document actual losses like medical bills, lost wages, and pain or suffering.
What Type of ‘Notice’ Is an Issue in NYC Grocery Slip and Fall Cases?
Whether a store had notice of a hazard can make or break your case. Two types of notice arise in grocery store slip and fall cases:
- Actual notice – When store management knew about a hazard, like a spill or torn mat, and didn’t act promptly.
- Constructive notice – When the hazard was present long enough, the store should have known about it through reasonable inspection or maintenance procedures.
Both notice types could help prove the store’s negligence in a slip and fall lawsuit.
What Injuries Can Result from a NYC Slip and Fall?
Slip and fall accidents can cause a wide range of injuries, many of which are severe or cause long-term issues. Common injuries include:
- Broken bones, especially wrists, arms, hips, and ankles
- Head injuries like traumatic brain injury (TBI)
- Back and neck injuries, including herniated discs or sprains
- Soft tissue injuries, such as torn ligaments or tendons.
Even seemingly minor injuries can lead to long-term complications, which is why it’s so important to seek medical attention right away.
What Types of Compensation Could You Recover After a Slip and Fall Injury?
Compensation can vary. Your specific injuries and surrounding circumstances will impact the amount. If your claim is successful, you could receive compensation for:
- Medical expenses, including medical costs from hospital and doctor visits, surgeries, and therapy, and future medical expenses
- Lost income (past and future) if your injury prevents you from working as you did before the slip and fall accident
- Pain and suffering caused by physical or emotional distress
- Rehabilitation and mobility aids, if required
- Emotional distress, such as post-traumatic stress disorder (PTSD).
What Happens If You Are Partly Responsible for the Slip and Fall Accident?
Your partial fault won’t prevent you from filing a claim. However, it could affect the amount you recover. New York follows a comparative negligence standard. Each party is assigned a percentage of fault.
If you are partly at fault for your accident, your recovery will be reduced by that percentage. For example, if you were 10 percent responsible for a fall but the store was 90 percent at fault, a court would reduce your compensation by 10 percent.
How Long Do You Have to File a Grocery Slip and Fall Lawsuit in New York?
Strict time limits apply to personal injury claims. The statute of limitations is generally three years from the injury date. Filing a slip and fall lawsuit after this deadline could bar your recovery. So, contacting a personal injury attorney and filing a claim should be your top priority after getting medical care.
Do Most Grocery Slip and Fall Cases Go to Trial?
The parties in most slip and fall cases, the parties resolve the claim out of court. However, every case is different. A strong preparation strategy can influence outcomes. At David Resnick & Associates, P.C., our personal injury lawyers prepare cases as if they will go to trial, which provides leverage during settlement discussions. While trials are less common than settlements, preparing yourself for a trial helps protect your interests.
Contact a New York City Slip and Fall Accident Law Firm Near You
If you suffered injuries in a grocery store fall, a dedicated slip and fall lawyer can review the facts of your case and explain your options. Since 1998, David Resnick & Associates, P.C. has recovered over $180 million in verdicts and settlements for clients across New York City and Long Island.
Read our case results and client testimonials that reflect our proven track record, and contact us today for a free case evaluation.
