If you slip and fall in a store, you may be eligible to pursue compensation as the victim of a personal injury incident. An experience like this can leave you feeling overwhelmed and confused, but you’re not alone.
If you’re looking for more information about what happens if you slip and fall in a store, it’s wise to contact a Westbury slip and fall lawyer as soon as possible. Your attorney can look into the details of your situation and help you understand your options moving forward.
Common Causes of Slip and Fall Accidents in Stores
Stores can present many hazards that have the potential to result in slip and fall accidents. Let’s take a look at frequent causes:
- Wet or slippery floors: This is perhaps one of the top causes of slip and fall cases. These circumstances can result in spilled liquids, recent mopping, rainwater tracked in from outside, or melted snow and ice during the winter months.
- Cluttered or obstructed walkways: Boxes, merchandise, shopping carts, or other items left in aisles can create tripping hazards.
- Uneven surfaces or flooring defects: Loose tiles, cracks, holes, or uneven carpeting can cause someone to trip or lose balance.
- Poor lighting: Inadequate lighting in store areas or stairways can hide potential hazards or cause missteps.
- Broken stairs or escalators: Faulty or poorly maintained stairs and escalators pose a major risk of someone slipping and falling.
- Lack of warning signs: When a hazard such as a wet floor exists, stores are expected to place clear warning signs to alert customers.
Many of these hazards can be especially dangerous in busy stores, where foot traffic is high, and conditions can change rapidly.
Types of Injuries Resulting From Slip and Fall Accidents
Injuries from slip and fall accidents can range from minor bruises to life-altering conditions. Here are a handful of examples that reflect injuries victims of slip and fall incidents often face:
- Fractures: Wrists, hips, arms, and ankles are vulnerable to breaking during falls.
- Head injuries: Falls can lead to concussions or traumatic brain injuries, which may require extensive medical care.
- Back injuries: Damage to the spine or muscles in the back can cause chronic pain or mobility issues.
- Soft tissue injuries: Sprains, strains, and ligament tears can cause lasting discomfort.
- Cuts and abrasions: Falling onto hard surfaces or sharp objects can cause lacerations.
The severity of your injuries will likely influence the amount of medical treatment you need. It can also impact the injured person’s ability to work and carry out daily activities.
The Role of Evidence in Slip and Fall Incidents
Evidence plays a key role in determining fault and resolving slip and fall claims. Strong evidence can make all the difference between a successful claim and a denied one. Photographic evidence showing the hazardous condition is often very compelling.
This is because it visually demonstrates the danger present at the time of the fall. Meanwhile, witness testimonies can also corroborate the injured party’s account. Statements from other shoppers or store employees can establish how the accident happened as well.
Medical records document the extent of your injuries and detail the types of treatments you had to receive in response to your injuries. This is often used to prove damages. Incident reports or maintenance logs from the store can also shed light on whether safety protocols were followed.
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New York’s Comparative Fault Rule and Slip and Fall Cases
An important consideration in New York slip and fall cases is the state’s comparative fault doctrine. New York follows a pure comparative negligence system, meaning that if the victim is found partially at fault for the incident, their damages will be reduced proportionally.
For example, if a court determines the injured party was 30% responsible for the fall—perhaps due to not paying attention to their surroundings—their compensation would be reduced by 30%. In turn, the store would only be liable for 70% of the damages.
This rule allows injured individuals to recover damages even if they share some blame, but it also highlights the importance of demonstrating that the store still bears a certain level of responsibility.
Statute of Limitations for Slip and Fall Claims in New York
Time is a critical factor in slip and fall claims. New York law has a three-year statute of limitations in place for slip and fall cases. As a result, injured parties must take legal action and file a personal injury claim within 36 months of the day the incident took place.
When the accident occurs on government property—such as sidewalks or parks—shorter deadlines and additional procedural requirements may apply. This often includes filing a notice of claim within 90 days of the incident.
All in all, it’s important to abide by the statute of limitations as it applies to your case. Otherwise, you could run the risk of losing your right to pursue compensation and seek justice altogether.
Reach Out To Our Personal Injury Law Firm in Westbury To Learn More About What Happens If You Slip and Fall in a Store
If you or a loved one was hurt after slipping and falling in a store, you don’t have to try to figure out what to do next all on your own. The aftermath of a situation like this can be overwhelming, and your injuries may be difficult to deal with, but you don’t have to handle it all by yourself.
At Levine And Wiss, we have over 100 years of combined experience. Together, our attorneys have recovered hundreds of millions in compensation for thousands of clients. Our Westbury personal injury lawyers are here to help you seek justice and pursue compensation.
Don’t wait to get in touch. The sooner you contact our slip and fall law firm in Westbury, the sooner we can help you hold the responsible parties accountable.