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Proving liability in a grocery store slip and fall

On Behalf of | Jun 7, 2024 | Slips-and-Falls |

Slipping and falling at a grocery store can lead to serious injuries. Proving liability in these cases can be challenging, but understanding the key elements can help you build a strong case.

Understanding the concept of negligence

Grocery stores have a legal duty to maintain a safe environment for customers. To prove negligence, you must demonstrate:

  • Duty of care: The store had a responsibility to keep the premises safe.
  • Breach of duty: The store failed to uphold this duty, such as not cleaning up a spill promptly.
  • Causation: The breach directly caused your slip and fall.
  • Damages: You suffered actual harm or injury as a result.

Gathering evidence at the scene

Take clear pictures of the hazard that caused your fall, such as a wet floor or uneven surface. Collect contact information and statements from witnesses. Notify store management immediately and request that they file an incident report.

Proving the store’s knowledge of the hazard

You need to show that the store knew about the hazard and did nothing to fix it. Alternatively, you must prove that the hazard existed for a long enough period that the store should have known about it and addressed it.

Documenting your injuries and expenses

Keep detailed records of all medical treatments related to the fall. Save receipts for any expenses incurred, such as medical bills and transportation costs. Document any time off work and lost income resulting from your injuries.

Legal considerations in New York

New York follows a comparative negligence rule, meaning that if you are partially at fault, your compensation may be reduced by your percentage of fault. Additionally, you have three years from the date of the accident to file a personal injury lawsuit.

Building a strong case

Proving liability in a slip and fall accident at a grocery store requires thorough documentation and a clear understanding of the legal principles involved. However, when you know what you need to do to prove negligence, then you can pursue the compensation you deserve.