Yes, In New York, grocery stores can be held liable for customer injuries under premises liability law. Premises liability law requires property owners and operators to maintain a safe environment for lawful visitors. As such, if a customer is injured due to the store’s negligence, the store may be responsible for damages.
However, in order for a store to be held liable for a customer’s injury, the following legal elements must be proven by the party that was injured:
- Duty of Care: Grocery stores owe a duty of care to their customers, which means that they must take reasonable steps to ensure the premises are safe
- This includes addressing hazards such as wet floors, uneven surfaces, or falling merchandise in a timely manner
- Breach of Duty: In order to establish liability, it must be shown that the store breached its duty of care
- For instance, if a spill was left unattended for an unreasonable amount of time, or if the store failed to warn customers of a known hazard, this could constitute negligence
- Causation: The customer that was injured must then prove that the store’s negligence directly caused their injury, which involves demonstrating that the hazardous condition was the primary reason for the accident
- Knowledge of Hazard: Finally, the store’s liability often depends on whether the store knew or should have known about the hazardous condition, which is referred to as either actual or constructive notice
- Actual notice occurs when the store was directly aware of the hazard
- Constructive notice occurs when the hazard existed long enough that the store should have discovered and addressed it
It is important to note that New York follows a comparative negligence rule. This means that a customer’s own actions may be considered when determining a store’s liability. If the injured customer was partially at fault, such as them ignoring warning signs, then their compensation for their injuries may be reduced proportionally.
What Is the Duty of Care for Grocery Stores?
As noted above, one of the legal elements that a plaintiff (i.e., the party alleging they were injured) must prove in order to be successful in holding a grocery store liable, is that the store owed them a duty of care.
As noted above, under premises liability law, grocery stores in New York have a legal duty of care to maintain safe conditions for all customers and visitors on their property. This duty encompasses a wide range of responsibilities that are aimed at preventing injuries and ensuring public safety.
As such, when grocery stores fail to uphold this duty, they may be held liable for any accidents resulting from their negligence. Below is a list of duties of care that grocery stores have under the law:
- Maintaining Safe Premises: Grocery stores must keep their premises free from hazards that could potentially harm customers, including addressing common risks such as wet floors, spills, tripping hazards, unsecured displays, and malfunctioning equipment
- Inspecting the Property: As part of their duty of care, grocery stores are required to conduct regular inspections of the property, which ensures that potential hazards, such as slippery floors or falling merchandise, are identified and addressed in a timely manner
- Failing to conduct routine inspections can result in negligence claims from parties that are injured
- Providing Warnings: If there is a hazard that cannot be immediately fixed, stores are obligated to provide adequate warnings to customers
- For instance, placing wet floor signs after mopping or discovering a spill or leak ensures customers are aware of the potential risk and can navigate the area safely
- Responding to Known Hazards: Grocery stores must act promptly to address dangers they know about or should reasonably know about, which includes cleaning spills, repairing damaged flooring, and securing merchandise that poses a risk of falling.
- As mentioned above, the concept of actual or constructive notice plays a key role in premises liability
- Protecting Against Third Parties: Grocery stores are also responsible for ensuring customer safety from foreseeable third-party actions, such as theft or violence
- Actions to protect against third parties may involve employing security personnel, monitoring surveillance systems, and providing proper lighting in parking lots
How Can I Sue a Grocery Store for My Injury?
If you wish to sue a grocery store for an injury in New York, the legal process will involve filing a premises liability claim. Your claim will seek to hold the store accountable for failing to maintain safe conditions.
Your first step in suing a grocery store should always be to seek medical attention immediately, even if your injury appears minor. Medical records are crucial evidence in obtaining favorable personal injury settlements.
Next, you should report the incident to the store management to ensure an official accident report is created by the store. Then, you should then request a copy for your records. It is important to gather further evidence, such as photographs of the hazardous condition, witness statements, and any documentation related to medical expenses or lost wages.
It is then recommended to set up a lawyer consultation with a New York attorney, as they can evaluate your case, determine liability, and guide you through the legal process. Once again, in order to succeed in a premises liability lawsuit, you must be able to prove that the store owed you a duty of care, breached this duty by failing to address a hazard, and that the breach directly caused your injuries.
Once your attorney files your claim and proves the above elements under the personal injury laws in New York, you can then seek compensation for your damages. Damages may include things such as medical expenses, lost wages, and pain and suffering. Although almost every grocery store lawsuit is resolved through negotiations with the store’s insurance company, unresolved claims may proceed to a full civil trial.
It is important to keep in mind that New York has a statute of limitations of three years from the date of the injury to initiate a lawsuit. Further, New York’s comparative negligence rule may reduce your compensation if you are found to be partially at fault for your own injury.
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What To Do if You are Injured in a Grocery Store?
If you are injured in a grocery store in New York, you should first seek medical attention immediately and keep records of any treatment. Then, you should report the incident to the store management and ensure an official accident report is created.
You should also document the scene by taking photos of the hazard and collecting witness information, being sure to save all related financial and medical records, including proof of lost wages if applicable.
Consulting a personal injury attorney is recommended, as they will be able to help you determine if the store’s negligence caused your injury. They can also assist you in filing a premises liability claim, and pursuing compensation for your damages, such as medical expenses, lost income, and pain and suffering.
What Types of Defenses Does a Grocery Store Have?
In New York, grocery stores have many different legal defenses against premises liability claims. First, they may argue that the hazard was open and obvious, which argues that a reasonable person should have avoided it.
They may also claim that the plaintiff was partially at fault under New York’s comparative negligence rule. Stores can also assert they lacked notice of the hazard, either actual or constructive.
They may also invoke the “storm in progress” defense for weather-related conditions. Additionally, they might argue that no duty of care was owed to the plaintiff, such as if the plaintiff was trespassing or in a restricted area.
They may also argue that the plaintiff assumed the risk by knowingly encountering the hazard. They may further contend that the defect was trivial or even present evidence of proper maintenance protocols to show reasonable efforts were made to prevent hazards.
Should I Hire a Lawyer if I Have Been Injured at a Grocery Store?
If you have been injured due to a hazardous condition in a grocery store in New York, it is recommended to consult an experienced New York personal injury attorney who practices premises liability.
LegalMatch can assist you in connecting with a local New York lawyer near you. During your consultation, the attorney can assess the details of your injury, analyze the circumstances that led to your incident, and advise you on your best course of legal action.
This may include gathering evidence to prove negligence on the store’s part, navigating the legal process, and determining whether filing a premises liability claim is appropriate. In premises liability cases, an experienced attorney will ensure compliance with New York’s legal requirements.
For instance, they will be able to help you demonstrate that the store’s negligence caused your injury, and work to resolve the matter efficiently. If in person court proceedings are necessary, your attorney can represent you in front of the judge or jury.
