Slip-and-Fall in a Store Accident Lawyers in New York

Jed Dietrich, Esq., Recognized as a Super Lawyer and an American Institute of Trial Lawyers Litigator of the Year, is Committed to Protecting the Rights of Slip-and-Fall Accident Victims Throughout New York. The Dietrich Law Firm, P.C., Could Help You File a Personal Injury Lawsuit Against a Negligent Local Store or Supermarket, negotiating a Fair Settlement to Obtain the Compensation You Need and the Peace of Mind You Deserve.

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Slip-and-fall accidents often occur unexpectedly, with little to no warning and no opportunity to brace yourself for impact. However, unlike other types of accidents, slip-and-fall accidents are almost always 100% preventable.

You shouldn’t have to pay out of pocket for an accident that wasn’t your fault. The Dietrich Law Firm P.C. has spent decades helping New York families assert their right to a fair recovery. Since our founding, we have secured over $250 Million in damages for our clients—money that they have used to pay off their medical debt, afford higher-quality care, and start rebuilding their lives.

We could help you, too. Please call the Dietrich Law Firm P.C. at 1-866-529-5334 or send us a message online to speak to a New York slip-and-fall lawyer and schedule your 100% free, no-obligation consultation.

The Most Common Causes Of Slip-And-Fall Accidents

Slip-and-fall accidents are no laughing matter.

Often underestimated, falls are a leading cause of accidental death across the United States. Over a single recent year, an estimated 46,653 people died after slipping, tripping, or falling in the home or workplace. Millions sustain similar injuries in privately owned stores and supermarkets.

Some of the most common causes of these accidents include, but are not limited to, the following:

1. Wet and slippery surfaces, including surfaces covered by water, grease, or ice;
2. Uneven walking surfaces, including irregularities like cracks, potholes, and broken flooring tiles;
3. Poor or inadequate lighting;
4. Improper footwear; and
5. Environmental factors, including accumulations of rainwater, ice, and snow.

New York state law recognizes that property owners aren’t omnipresent and that they can’t mitigate or remove every hazard as soon as it appears. However, the law does expect stores to make a good-faith effort to keep their premises safe. If they fail to protect visitors’ safety and well-being, they could be liable for the costs of any resulting accident.

The Responsibilities Of New York Stores And Property Owners

Store owners can’t afford to prioritize profits at the expense of safety.

In New York, a combination of local rules and state laws dictate the rights and responsibilities of property owners. In general, anyone visiting a store anywhere from Buffalo to Albany has the right to expect the following:

1. Regular maintenance. Property owners are required to maintain their properties to the standards set by all relevant building codes. This doesn’t just include cleaning up messes as they arise—it means thinking forward and taking steps to ensure that reasonably foreseeable hazards never have a chance to endanger guests.
2. Reactive maintenance. Stores can’t ignore apparent hazards, irrespective of whether a guest has reported them. Any potential source of danger, once identified, must be mitigated. This could involve removing the hazard—such as shoveling snow—or it could involve posting a “Wet Floor” or other warning signs to alert guests to a dangerous condition.
3. Other reasonable safety precautions. Stores and supermarkets that are open to the general public have a duty of care to their guests. In law, a duty of care is a legally binding responsibility to act and conduct operations in a manner that is unlikely to pose a risk to the well-being of others. Fulfilling a duty of care may involve training employees in best safety practices or mitigating location-specific hazards, such as a walkway that is prone to freezing or a store parking lot with large potholes.

If and when store owners fail to fulfill these responsibilities due to negligence, visitors have the right to file a compensation claim. However, filing and winning a lawsuit are two very different things, with the latter often much easier said than done.

Don’t take chances with your right to recovery. Please send a message to the Dietrich Law Firm P.C. online today to speak with a slip-and-fall lawyer and schedule your free personal injury consultation.

The 5 Elements Of A New York State Slip-and-Fall Lawsuit

You can’t win a slip-and-fall lawsuit simply by presenting evidence that you fell in a store and sustained injuries. Instead, you must typically establish each of the following four elements:

1. The Store Owed You a Duty of Care

A duty of care is a legal principle that states that stores and other landowners must make a good-faith effort to keep their premises safe for visitors. It is based on the principle that people should refrain from acting in a manner that poses an unacceptable risk to the well-being of others.

2. The Store Breached Its Duty of Care

Stores breach their duty of care when their practices and policies fail to protect the safety of guests. In a slip-and-fall accident, breaches of this typically arise when:

1. A dangerous condition is present on the store’s premises; and
2. The store owner knew or should have known, that a dangerous condition was present on the property.

In slip-and-fall accident claims, establishing that a store breached its duty of care can be difficult. This is due, in part, to the fact that duties of care can be very situational. For instance, if you were injured after inadvertently entering a part of the store that you weren’t supposed to be in, the owner may be less liable for your accident than if you slipped in an aisle.

3. You Suffered an Injury

You can only file a personal injury or premises liability lawsuit if you sustained an injury as the result of your accident. Injuries can take many forms, including physical, emotional, and financial.

4. Your Injury Was Caused By the Store’s Breach of Duty

You must be prepared to establish a causal relationship between the store’s breach of duty and your slip-and-fall injury. This isn’t easy: just as you have a right to sue for damages, stores have a right to present their side of the story.

Oftentimes, landowners try to shift the blame for a slip-and-fall accident onto the victim. They may do this by:

1. Claiming that you are wholly to blame for the accident;
2. Telling the court that your negligence contributed to or worsened the accident;
3. Arguing that the source of danger was so “open and obvious” that any reasonable person would have noticed it;
4. Saying they never even had the chance to mitigate a hazard due to inclement weather conditions; or
5. Saying that you assumed a particular risk, or risks, by entering or traversing part of the property.

Your Potential Damages After A Slip-And-Fall Accident

If you’ve been injured in a New York slip-and-fall accident that was not your fault, you could be entitled to significant compensation. Depending on the circumstances of your accident and the extent of your injuries, your damages could include:

1. The repayment of your outstanding medical bills;
2. Compensation for your anticipated and long-term care needs;
3. Reimbursement for lost income from work;
4. Relief for diminished earning potential;
5. Compensation for loss of enjoyment;
6. Financial relief for your emotional pain and suffering; and
7. Wrongful death.

In New York, damages for slip-and-fall accidents are not capped or otherwise limited. However, they are bound by a stringent statute of limitations. Suppose you wait too long to contact an experienced personal injury lawyer. In that case, the statute of limitations may expire—and once it does, the court will likely reject your lawsuit on a technicality.

You don’t have to accept excuses and endless negotiation in place of a real solution. Since our founding in 2005, the Dietrich Law Firm P.C. has fought to protect the rights of slip-and-fall accident victims in Buffalo and across Upstate New York. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for compensation—and we have the results to prove it.

Please call us at 1-866-529-5334 or send us a message online to speak to a slip-and-fall lawyer and schedule your free, no-obligation consultation.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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