If you slip on a spill or trip over a loose piece of tile in a supermarket and suffer injuries, who’s liable for your accident? You could face significant medical expenses and time off from work, so it’s important to understand your legal options for pursuing compensation. This starts with knowing how premises liability laws in New York work, as our trip-and-fall lawyers will explain below.
Our team from Elliot Ifraimoff & Associates, PC, works in personal injury law, so we frequently represent clients who’ve been injured in New York supermarkets. Read on as our trip-and-fall accident lawyers in New York explain how grocery store liability generally works.
Hazardous Conditions That Cause Slip-and-Fall Accidents at Grocery Stores
Millions of people suffer falls each year from various causes. Grocery stores and supermarkets can present hazardous conditions that increase the risks of trips, slips, and falls when they are not addressed properly or promptly. Hazards might include:
- Spilled fluids resulting in slippery surfaces
- Fresh floor wax making the surface more slick
- Wet floors from recent mopping
- Solid food debris creating a tripping hazard
- Loose or curled floor mats or uneven floor tiles
- Icy or slick conditions on outdoor sidewalks after precipitation
These conditions can lead to severe injuries. Falls account for 21% of all preventable injury-related fatalities in the United States. On average, 20% to 30% of older people who fall end up suffering significant injuries like hip fractures, bruises, or head trauma.
If you’ve suffered a severe injury, consider consulting a trip-and-fall lawyer.
Are Stores Always Liable for Hazardous Conditions?
New York slip-and-fall law hold stores responsible for identifying and addressing obvious dangers on their properties to keep occupants and the general public safe. They need to address hazardous conditions in a reasonable amount of time or mark them off so shoppers can steer clear.
Stores aren’t automatically liable for every accident, though. Liability often depends on whether the store created the dangerous condition, knew about it, or should have known about it through reasonable inspections. For example, if a spill existed long enough that employees should have discovered it during routine walkthroughs, the store may be responsible.
On the other hand, customers also have duties, such as paying attention to clearly visible hazards or obeying warning signs. In some cases, an injured person might even be considered a trespasser if they enter employee-only zones, limiting the store’s obligations. Under New York’s comparative negligence laws, the store and the injured customer may share liability, with injury compensation adjusted according to each party’s percentage of fault.
If you’re concerned about assuming partial liability for your accident, consider speaking with a trip-and-fall lawyer.
Who May Be Held Liable for Your Injuries?
We’ve talked about the responsibilities of the grocery store, but who does this refer to? If you’re injured at a supermarket from hazardous conditions that should have been addressed, who exactly is liable for your injuries?
The Store Owner
The store owner is often the primary party responsible for keeping the premises reasonably safe for customers. Owners must implement policies for regular inspections, maintenance, and cleanup procedures, and they’re expected to address hazards they know about or should have discovered. If the dangerous condition stemmed from poor maintenance practices, insufficient staffing, or a failure to enforce safety protocols, the owner may be held liable.
A Landlord
In many cases, the grocery store leases the space rather than owning it. When this happens, certain responsibilities fall to a landlord, especially if the hazard involves structural issues, such as faulty flooring, unsafe sidewalks, broken railings, or inadequate lighting. If the injury stems from a condition the landlord was responsible for repairing or maintaining, they may be held partially or fully liable.
The Business Manager
A business manager or on-site supervisor may share liability if their decisions directly contributed to the unsafe condition. Managers oversee daily operations, including staffing, inspections, cleanup procedures, and responses to reported hazards. If a manager ignored employee warnings about a spill, failed to schedule adequate floor checks, or declined to close off a clearly unsafe area, their negligence could be a factor in the accident.
A Third-Party Maintenance or Repair Provider
Grocery stores often rely on outside contractors for tasks like floor waxing, refrigeration repairs, snow and ice removal, or general maintenance. If a third-party provider created the hazardous condition, such as by leaving equipment in a walkway, failing to clean up after a repair, or performing negligent work, they may be held liable for your injuries.
These companies have their own duty to perform services safely and to warn the store of any hazards they leave behind. In some cases, the store and the contractor may share liability if the store failed to monitor or correct the provider’s work.
Are You Looking for a Trip-and-Fall Lawyer in Queens, NY?
Proving negligence in a slip-and-fall case can be challenging, especially when you’re recovering from an injury. If you need a trip-and-fall lawyer in New York, call Elliot Ifraimoff & Associates, PC, at (718) 205-1010 to schedule a consultation.
FAQs Answered by a Trip-and-Fall Attorney
Do you still have questions about how premises liability works in supermarkets? Find answers to frequently asked questions below.
What Should You Do Immediately After a Trip and Fall in a Store?
You should promptly report the incident to store management, document the hazard with photos or video, gather witness information, and seek medical attention. This information will be important when making a negligence claim.
Who Is Responsible for Trip-and-Fall Accidents in Stores and Supermarkets?
Responsibility may fall on the store owner, landlord, managers, or third-party contractors, depending on who created, knew about, or should have known about the hazardous condition. A trip-and-fall lawyer can evaluate your case to help you determine liability.
What Do You Need To Prove a Negligence Claim?
To prove negligence in a premises liability case, you must show that the responsible party owed you a duty of care, breached that duty, and caused your injuries and resulting damages.