It is all too common for a person to lose their balance and fall as a result of an unsafe property condition. New York grocery stores are common scenes for such accidents. Whether due to a cluttered walkway, sidewalks in disrepair, a spill that has not been cleaned up in a timely manner, or some other hazard, slip and fall victims can sustain serious injuries such as broken hips, fractures, and even traumatic brain injuries. If you or a loved one has been injured in a grocery store slip and fall, it is important to understand your rights.
Slip and Falls in Grocery Stores
Property owners have a duty to those visiting the property to keep the property safe and reasonably free of hazards. When a property owner, such as a grocery store owner, fails to uphold this duty, any visitor to the property who is injured as a result may be able to seek compensation for the harm they have suffered through bringing a premises liability claim. To be successful in bringing such a claim, however, the injured party must be able to prove that the property owner was negligence.
Legally speaking, negligence can be broken down to the following elements:
- Duty: The property owner owed the individual a duty of care in keeping the property free of dangerous conditions.
- Breach: The property owner failed to uphold this duty. There were known hazards on the property that the property owner failed to remedy in a timely manner or failed to properly notify property visitors of the hazard.
- Causation: The breach of duty was the direct and proximate cause of the property visitor’s injuries.
- Damages: The property owner sustained damages as a result of the property owner breaching their duty of care.
If you were injured in a slip and fall in a grocery store and you are able to prove that the property owner’s negligence caused your injuries, then you can seek compensation for the harm you suffered as a result of that negligence. These are your damages. Damages can be divided into two broad categories: economic damages and non-economic damages. Economic damages include things like past and future medical expenses as well as loss of income and loss of future earning capacity. These are said to be economic damages because they are fairly easy to calculate and can be based on things like medical bills and pay stubs. Non-economic damages, on the other hand, are those damages that are much more difficult to calculate as they cannot be based on such figures. Non-economic damages can include pain and suffering, loss of enjoyment of life, and emotional distress.
If you have been injured in a grocery store slip and fall, however, you need to be aware that time is of the essence should you wish to bring a claim seeking compensation for your injuries. New York has a three year statute of limitations on slip and fall cases. This means you have three years from the date of the slip and fall to file a claim or risk waiving your right to bring one altogether. Once the statute of limitations has run, it is unlikely that a court will even hear your case.
Personal Injury Attorney
Have you been injured in a grocery store slip and fall accident? Reach out to Attorney Michael LoGiudice as soon as possible. Contact us today.