Is a Store Liable for a Customer Injury?

When you enter a retail establishment, supermarket, or any commercial property, you expect a safe shopping experience. Unfortunately, accidents can and do happen. A slip on a wet floor, a trip over merchandise left in an aisle, or an injury from a falling object can transform a routine shopping trip into a painful and potentially life-altering experience. This raises an important question: is a store liable for a customer injury?

At Kelner & Kelner, we have represented numerous clients who have suffered injuries while shopping or visiting business establishments. Understanding when and how a store may be responsible for customer injuries is crucial information for anyone who has experienced such an incident.

Understanding Store Liability: The Legal Foundation

The question "is a store liable for a customer injury?" hinges on premises liability law—a subset of personal injury law that governs the responsibilities property owners and occupiers have toward visitors. In New York, store owners have a legal duty to maintain reasonably safe conditions for customers who enter their establishments.

When examining whether a store is liable for a customer injury, the law considers several key factors:

Duty of Care

Store owners and operators owe what's known as a "duty of care" to their customers. Customers are classified as "invitees" under premises liability law because they enter the store for business purposes that benefit the store owner. This classification means stores must:

• Regularly inspect the premises for potential hazards
• Promptly address dangerous conditions when they arise
• Provide adequate warning about hazardous conditions that cannot be immediately remedied
• Maintain the property in a reasonably safe condition

Types of Store Injuries Where Liability May Apply

When determining if a store is liable for a customer injury, it's important to understand the common scenarios where liability often comes into play:

• Slip and fall accidents: These frequently occur due to wet floors, spilled products, or recently mopped areas without proper warning signs.
• Trip and fall incidents: These may happen because of uneven flooring, torn carpeting, objects in walkways, or merchandise improperly displayed in aisles.
• Falling merchandise: Items improperly stacked or stored on high shelves can fall and cause serious injuries.
• Inadequate security: Stores may be liable for customer injuries resulting from foreseeable criminal activity when security measures are inadequate.
• Escalator or elevator accidents: Mechanical failures or improper maintenance can lead to significant injuries.
• Shopping cart injuries: Damaged or defective carts can cause injuries, particularly to children.

For a store to be liable for a customer injury, the injured person typically needs to demonstrate that the store either created the dangerous condition, knew about it but failed to address it, or should have known about it through reasonable inspection practices.

Is a Store Liable for a Customer Injury in Every Situation?

The answer is no. A store is not automatically liable for every customer injury that occurs on its premises. For a successful claim, several elements must typically be established:

Knowledge or "Notice" of the Hazard

One of the most critical factors in determining if a store is liable for a customer injury is whether the store had knowledge—or should have had knowledge—of the dangerous condition. This concept is often referred to as "notice" and comes in two forms:

• Actual notice: The store knew about the hazardous condition. For example, if a customer reported a spill to an employee who failed to clean it up or post warning signs.
• Constructive notice: The store should have known about the condition because it existed for a sufficient length of time that it would have been discovered through reasonable inspection. For instance, if a puddle had been present in an aisle for several hours.

The "Reasonable Time" Factor

When evaluating if a store is liable for a customer injury, courts also consider whether the store had a reasonable amount of time to discover and remedy a hazardous condition. A store might not be liable if an accident occurs just moments after a hazard is created, as they may not have had sufficient opportunity to address it.

Comparative Negligence Considerations in Store Injuries

New York follows a "comparative negligence" rule, which means that if you were partially responsible for your own injury, your compensation may be reduced by your percentage of fault. For example, if you were texting while walking and didn't notice an otherwise obvious hazard, the store may argue that you were partially responsible for your injury.

This doesn't mean a store isn't liable for a customer injury in such cases—it simply means that liability may be shared. An experienced premises liability lawyer can help evaluate how comparative negligence might affect your specific case.

Evidence Needed to Prove a Store is Liable for a Customer Injury

If you've been injured in a store and are wondering if the store is liable for your customer injury, gathering evidence is crucial. Here's what can help establish liability:

• Incident reports: File an official report with the store immediately after the incident.
• Photographs: Take pictures of the hazardous condition, your injuries, and the surrounding area.
• Witness statements: Collect contact information from anyone who saw the accident.
• Video surveillance: Request preservation of any security camera footage that may have captured the incident or the condition that caused it.
• Medical records: Seek prompt medical attention and keep detailed records of all treatments and diagnoses.
• Maintenance records: Through the legal discovery process, your premises liability lawyer may obtain the store's maintenance and inspection records to establish patterns of negligence or policy violations.
• Employee testimony: Store employees may provide valuable information about known hazards, previous incidents, or store policies.

Common Defenses Stores Use When a Customer Injury Occurs

Understanding if a store is liable for a customer injury also requires knowledge of common defenses stores and their insurance companies typically employ:

• The hazard was "open and obvious": Stores may argue that the dangerous condition was so apparent that any reasonable person would have noticed and avoided it.
• Lack of notice: The store might claim they had no knowledge of the dangerous condition and no reasonable opportunity to discover it.
• Comparative negligence: As mentioned earlier, the store may argue that your own actions contributed to the injury.
• No causation: The store might contend that your injuries weren't actually caused by the alleged dangerous condition but by some other factor.
• No dangerous condition existed: Sometimes, stores simply deny that any hazardous condition was present.

An experienced premises liability lawyer can anticipate these defenses and develop strategies to counter them effectively.

Steps to Take If You're Injured in a Store

If you're injured while shopping and wondering if a store is liable for your customer injury, take these important steps:

• Report the incident immediately to store management.
• Document the scene by taking photographs of the hazardous condition and your injuries.
• Collect contact information from witnesses.
• Seek medical attention right away, even if your injuries seem minor.
• Preserve evidence including the clothes and shoes you were wearing.
• Keep detailed records of all medical treatments, expenses, and how the injury has affected your daily life.
• Avoid giving recorded statements to store representatives or insurance adjusters without legal counsel.
• Consult with a premises liability lawyer who can evaluate your case and determine if the store is liable for your customer injury.

How a Premises Liability Lawyer Can Help

Determining if a store is liable for a customer injury can be complex. A knowledgeable premises liability lawyer brings valuable assistance to your case by:

• Conducting a thorough investigation of the incident
• Consulting with medical professionals to understand the full extent of your injuries
• Determining the appropriate value of your claim, including future medical expenses
• Navigating complex legal procedures and deadlines
• Negotiating with insurance companies on your behalf
• Representing you at trial if a fair settlement cannot be reached

At Kelner & Kelner, our legal team has extensive experience handling premises liability cases in New York City. We understand the nuances of determining if a store is liable for a customer injury and work diligently to secure the compensation our clients deserve.

Compensation Available When a Store is Liable for a Customer Injury

If it's determined that a store is liable for your customer injury, you may be entitled to various forms of compensation, including:

• Medical expenses: Coverage for hospital bills, doctor visits, prescription medications, rehabilitation, and future medical needs related to the injury.
• Lost wages: Compensation for income lost while recovering from your injuries, as well as reduced earning capacity if your injuries affect your ability to work long-term.
• Pain and suffering: Damages for physical pain and emotional distress caused by the injury.
• Loss of enjoyment of life: Compensation for how the injury has diminished your ability to engage in activities you previously enjoyed.
• Other damages: Depending on the circumstances, additional compensation may be available.

Conclusion: Is a Store Liable for a Customer Injury?

The question "is a store liable for a customer injury?" doesn't have a simple yes or no answer. Each case depends on its unique circumstances, including the nature of the hazardous condition, the store's knowledge of that condition, the reasonableness of the store's actions, and potentially your own conduct as a customer.

What is certain, however, is that stores have a legal obligation to maintain safe environments for their customers. When they fail to meet this obligation and injuries result, they may indeed be liable.

If you've been injured in a store in New York City, Kelner & Kelner is here to help evaluate your case and determine if the store is liable for your customer injury. With decades of experience handling premises liability cases, we work tirelessly to protect the rights of injured individuals and secure the compensation they deserve.

Don't navigate this challenging process alone. Contact our team today for a consultation about your potential premises liability claim.