Shopping in a retail store is something most of us do regularly, whether it’s for groceries, clothes, or other items.
But what happens if you get injured while shopping? Who is responsible for your medical bills and other expenses?
Understanding who is liable for injuries in a retail store can help you take the right steps if you ever find yourself in this situation.
What is Premises Liability?
Premises liability is a legal concept that keeps property owners responsible for accidents and injuries that occur on their property.
In the case of a retail store, the owner is expected to keep the store safe for customers. If they don’t, and someone gets hurt, the store owner could be liable for the injury. Because each scenario differs, there could be more people responsible for the injury.
The Duty of Care
In legal terms, “duty of care” means that the store owner must take reasonable steps to ensure the safety of everyone in the store.
This includes fixing any hazards that could cause accidents, like spills, loose flooring, or broken equipment. If the owner fails to do this, and someone is injured as a result, they may be held responsible.
Common Causes of Injuries in Retail Stores
There are many ways someone could get hurt in a retail store. Let’s look at some of the most common causes of injuries.
Wet Floors and Spills
One of the most common reasons people get hurt in stores is slipping on wet floors. If there’s a spill or if the floor is being cleaned, it should be clearly marked with signs so customers know to be careful.
If the store doesn’t put up a warning sign and you slip and fall, the store could be liable.
Falling Merchandise
Sometimes, items that are stacked too high or not secured properly can fall off shelves and hit customers. This can cause serious injuries, especially if the items are heavy.
The store is responsible for making sure that merchandise is safely displayed and that it won’t fall and injure anyone.
Poor Lighting
Good lighting is important in any store. If a store has poor lighting, it can be hard to see potential hazards like steps, uneven flooring, or spills
If you trip and fall because you couldn’t see something due to poor lighting, the store might be liable.
Broken or Defective Equipment
Things like escalators, elevators, or even shopping carts can cause injuries if they are broken or not maintained properly.
The store owner must ensure that all equipment is in good working order and safe to use. If you’re injured because of a malfunctioning piece of equipment, the store could be responsible.
Determining Liability in Retail Store Injuries
When someone is injured in a store, it’s important to figure out who is responsible. Let’s break down the different parties that might be liable.
The Store Owner’s Responsibility
The primary responsibility for keeping the store safe falls on the store owner. If they knew about a hazard and didn’t fix it, or if they should have known about the hazard but ignored it, they could be held liable for any injuries that occur.
Employee Negligence
Sometimes, store employees are responsible for keeping the store safe, such as by cleaning up spills or fixing hazards.
If an employee doesn’t do their job properly and someone gets hurt, the store could still be liable because the employee was acting on behalf of the store.
Third-Party Contractors
In some cases, the store might hire outside companies to handle tasks like cleaning or maintenance. If a contractor fails to do their job correctly and someone is injured as a result, the contractor might be liable.
However, the store could also share in the responsibility if they didn’t properly oversee the contractor’s work.
Customer Behavior
It’s also possible for the customer to be partly responsible for their own injury. For example, if a customer ignores a warning sign and gets hurt, the store might argue that the customer is at least partly to blame. In some cases, this could reduce the amount of compensation the customer can receive.
What to Do After an Injury in a Retail Store
If you’re injured in a retail store, there are several important steps you should take to protect your health and your legal rights.
Seek Medical Attention
Your health should be your top priority. Even if you don’t think you’re seriously injured, it’s a good idea to see a doctor. Some injuries, like concussions or internal injuries, might not show symptoms right away.
Document the Scene of Your Accident
If you can, take pictures of the area where you were injured. Include any hazards that might have caused your accident, like a wet floor or a broken step.
Also, try to get the names and contact information of any witnesses who saw what happened.
Report the Incident to Authorities
Tell the store manager or another employee about the accident as soon as possible. Ask them to make a written report of the incident and get a copy for your records.
This report can be important if you decide to file a claim later.
Gather Evidence to Build Your Case
Keep all records related to your injury, including medical bills, receipts for any out-of-pocket expenses, and any communications you have with the store or its insurance company.
This evidence can help support your claim if you need to take legal action.
Consult a New York Premises Liability Lawyer
If you’re considering filing a claim against the store, it’s a good idea to speak with a personal injury lawyer. They can help you understand your rights and the best way to proceed.
Compensation for Retail Store Injuries in New York
If you’re injured in a retail store, you may be entitled to compensation. This compensation can cover various expenses related to your injury.
Past and Future Medical Expenses
You can be compensated for the cost of any medical treatment you need as a result of the injury. This includes hospital bills, doctor visits, physical therapy, and any future medical care you might require.
Lost Wages From Missing Work
If your injury prevents you from working, you can seek compensation for the wages you lose while you’re recovering.
If your injury affects your ability to work in the future, you might also be entitled to compensation for lost earning capacity.
Pain and Suffering Caused By Your Losses
In addition to covering your financial losses, you might also be able to receive compensation for the physical pain and emotional distress caused by your injury.
This type of compensation is often harder to quantify, but it’s an important part of making sure you’re fully compensated for your experience.
The Role of a NY Personal Injury Lawyer
Navigating a premises liability claim can be complicated, especially when you’re dealing with a serious injury.
A personal injury lawyer can help you understand your rights, gather evidence, and negotiate with the store’s insurance company.
A Lawyer Will Investigate Your Claim & File Paperwork
A lawyer will investigate your case to determine who is responsible for your injury. They can gather evidence, interview witnesses, and build a strong case on your behalf.
They’ll also handle all communications with the insurance company, which can be especially helpful if the insurer tries to offer you a low settlement.
Your Lawyer Will Secure Maximum Compensation
Your lawyer will fight to make sure you receive the full amount of compensation you deserve. This includes not only your medical expenses and lost wages but also compensation for pain and suffering and any other damages you’ve experienced.
Call a New York Store Injury Lawyer Now
Getting injured in a retail store can be overwhelming. But knowing who is liable and understanding your rights can help you take the right steps to protect yourself.
The premises liability lawyers at Hecht, Kleeger & Damashek, P.C. know how difficult your situation is. We have helped countless clients in similar situations. We have fought for their rightful compensation, and we are ready to start on your case.
You won’t owe anything unless we win. Call (212) 490-5700 or fill out our form to schedule your free initial consultation.