Slipping and falling in a grocery store can lead to serious injuries and steep medical expenses in worst-case scenarios. Navigating this situation can be challenging enough without also needing to prove the grocery store’s negligence in your accident.
Thankfully, your slip-and-fall lawyer in Queens, NY, will handle much of the evidence-gathering and case filing against the store. But knowing the types of evidence that will support your case can help you preserve these items and do your part to build a strong legal claim.
Learn the types of evidence to preserve in your accident case, then consult a personal injury lawyer in New York for further guidance.
Proving Negligence in a Grocery Store Slip-and-Fall Accident
According to data from the City of New York, NYC is home to approximately 24,000 retail food stores that are licensed by the Department of Agriculture and Markets. Whether your slip-and-fall accident happened in a small supermarket, large chain grocery store, or corner bodega, the property owner may be liable for your injuries.
You would need to prove the following to hold a property owner negligent for your accident:
- The property owner or store operator created the dangerous condition or had actual or constructive notice of it and a reasonable opportunity to correct it or provide a warning.
- The property owner failed to remedy or warn about the hazard.
- You suffered an injury directly because of the property owner’s failure to mitigate this hazard.
Slipping and falling can cause serious injuries, no matter the cause. This is especially common among older adults; the CDC reports that as many as 3 million older adults visit the ER for falls each year, with approximately 30,000 of those visits happening in NYC.
If you can prove the property owner’s negligence, you may be able to seek significant compensation to reimburse you for medical expenses and other costs arising from the accident.
What Evidence Can Help Your Slip-and-Fall Case?
Whether you are submitting an insurance claim under the property owner’s liability policy or pursuing a premises liability lawsuit, the right evidence can strengthen your case and improve your chances of walking away with compensation. These are the types of evidence that can support your slip-and-fall case.
Surveillance Camera Footage
If your accident happened in a grocery store, the good news is that a security camera may have captured it. But you need to act quickly to preserve this evidence before it is automatically deleted.
Small businesses often delete footage regularly to clear up space on the hard drive. Contact the store promptly to request a copy of the footage. The store may refuse to give it to you, in which case your personal injury lawyer in New York may subpoena the footage or seek it through another legal method.
Photos of the Accident Scene
You can still have a strong slip-and-fall case without footage of the accident. Photos that you take after the accident of the hazard that led you to slip and fall can also be valuable to your case. These can help prove that a real hazard existed, though photos alone won’t prove how long that hazard was present or that your injuries occurred because of it.
Witness Statements
Anyone who saw your accident happen can provide valuable testimony as part of your claim or lawsuit. They can testify to what they saw and support the fact that you actually tripped and fell over the hazard and appeared injured at the accident scene. They may even be able to testify that the hazard was present for some time before the accident, or at least the amount of time they had been in the store.
Medical Records
Your medical records can help you link the accident to your injuries and show that they were not pre-existing. However, you may still have a valid case even if you did have a pre-existing condition that made you more vulnerable to injuries in the accident. This is known as the “eggshell plaintiff” rule.
Accident Reports
Businesses often create accident reports as protocol when someone is injured on their premises. Copies of this report can also help establish the details of your accident, but beware that the facts may be swayed in the store’s favor.
If the police arrived at the accident scene, they may have prepared a report that could provide further evidence.
Turn to Our Personal Injury Law Firm in Queens, NY, for Help With Evidence Collection
Collecting evidence is one of the more tedious steps in a premises liability case, but it is essential to building a strong negligence claim.
If you are wondering when to hire a slip-and-fall lawyer, now might be the time to do so if you experienced serious injuries or if the grocery store is denying liability. A personal injury attorney from Elliot Ifraimoff & Associates, PC, can assist with your case.
Contact us today at 718-205-1010 for a free consultation.
Frequently Asked Questions
Can you sue for falling in a grocery store?
You may be able to sue for falling in a grocery store if you can prove that the store’s negligence led to your accident. This often arises when a hazard was present that the store had time to become aware of and correct, yet failed to do so. The first step is usually to file an insurance claim, but if this is unsuccessful or results in insufficient compensation, a lawsuit may be necessary to obtain further compensation.
Is it worth suing for a slip-and-fall injury?
It is often worth suing for a slip-and-fall injury if your Queens, NY, personal injury lawyer agrees that you have a strong case, including sufficient evidence to prove negligence and damages. Slip-and-fall accidents can lead to steep medical bills, and a lawsuit could allow you to seek reimbursement for those bills and other expenses.
What are the four proofs of negligence in a slip-and-fall case?
The four proofs of negligence in slip-and-fall cases are duty of care, breach of duty, causation, and damages. Your personal injury lawyer in New York can help you understand whether you have adequate evidence to support these four points.