Grocery shopping is a daily occurrence for many people in New York City, and naturally our thoughts are geared more towards what to buy for dinner than the floor conditions. It is perfectly reasonable to expect that grocery store floors will be dry and clear of debris. However, this is not always the case and sometimes a patron slips and falls on a spill on the grocery store floor. When this happens, the injured party may choose to pursue a premises liability claim.
What are the elements of a premises liability claim?
A premises liability claim is a type of negligence claim. Under New York law, if you were injured due to an unsafe condition on another’s property, in order to obtain compensation, you need to show that you were lawfully on the property. In addition, you need to show that the property owner knew or should have known about the dangerous condition and failed to repair it, rope it off or otherwise warn of the condition. Finally, you need to show that this negligence was the cause of your injury.
Our grocery store example
Using our grocery store example, we can see how a spill on a grocery store floor can lead to a premises liability claim. First, as a patron, a shopper is lawfully on store premises. In addition, it is the responsibility of grocery stores to ensure their floors are dry and they should be aware of spills. Finally, if there is a spill and it is not cleaned up, roped off or a “slippery when wet” sign is not posted, such negligence can cause an injury.
Learn more about premises liability claims in New York
Slip-and-fall injuries are unexpected and can be physically, emotionally and financially devastating. This post is for educational purposes only and does not contain legal advice. Our firm’s webpage on premises liability claims may be a useful resource for those who want more information on this topic.