Suing for a Slip and Fall Accident in a New York Store
Uploaded on: May 12, 2023
Duration: 4.41 Min

Video Description


“ Wet floor!”

We’ve all seen these yellow, rectangular signs in places of business. They are there to warn people so that no one slips and falls on the premises.  That’s because if a store fails to reasonably account for your safety and you slip and fall, you may be entitled to compensation for any resulting injuries. 

Cases arising from slip and fall accidents in a store are “premises liability” cases. Premises liability boils down to this. When an insurance adjuster, judge, or jury is deciding whether the store owner is liable for your injuries, they will consider the following series of questions:

To figure out this last piece, they will ask whether 

  1. the store created the hazardous condition, or 
  2. the store knew or should have known of its existence within enough time before your accident that the condition could have been addressed. 

If the answer to all of these questions is “yes,” then the store owner will be held liable.

In our experience, injured shoppers frequently recover economic damages, which includes things like medical expenses and lost wages, and non-economic damages, such as pain and suffering. You have three main paths to this compensation:

While New York does not currently require businesses to carry commercial liability insurance, many stores will have an insurance policy covering accidents that take place on their premises. Naturally, insurance companies don’t want to pay out money if they can avoid it. So, their insurance adjuster has an incentive to rule against your claim or make a low-ball offer. 

A second option you have is to sue the store owner in court. A lawsuit will go before a judge or a jury, who will decide whether the store’s owner is liable for your injuries and, if so, for how much. The disadvantages of filing a lawsuit are that they tend to be time consuming and costly. 

Finally, whether you make an insurance claim with the store’s insurance company or sue the store owner in court, there is a strong possibility that your case will be resolved by a settlement. The insurance company or store owner will agree to pay you a sum of money in exchange for your promise not to take the case to court. 

Whether you make an insurance claim, file a lawsuit, or settle in either case, pursuing a slip and fall case is complicated for a number of reasons. Chief among them is the fact that the law itself is complicated and fact-specific, meaning whether or not you have a valid claim will depend on the precise circumstances of your case. Only an experienced personal injury attorney can accurately evaluate the strength of your claim. 

At Rosenblum Law, we have a record of successfully representing accident victims. Call us today for a free, no-obligation consultation. We’ll answer any questions you might have, recommend the best legal remedy, and negotiate for the compensation you justly deserve.

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