Injured at a Store in New York? Protect Your Rights

What to Do Right After a Store Injury

• Get medical care: Your health comes first. Prompt evaluation creates a record linking the injury to the incident.
• Report the incident: Notify store management and request that the incident be documented. Ask for a copy or, if permitted, take a photo of the report.
• Document the scene: Photograph hazards (liquids, debris, uneven flooring), lighting conditions, any warning signs (or lack thereof), and your injuries. Capture wide shots and close-ups, with timestamps if possible.
• Identify witnesses: Collect names and contact information for anyone who saw the incident or the hazard beforehand.
• Preserve evidence: Keep the footwear and clothing you were wearing, receipts showing you were on the premises, and any correspondence from the store or its insurer.
• Be cautious with statements: Be factual and concise. Avoid assigning blame and avoid posting about the incident on social media.

How New York Premises Liability Works

In New York, store owners and occupiers generally owe a duty to maintain their premises in a reasonably safe condition. Liability often turns on whether the store created a dangerous condition, had actual notice of it, or should have discovered it through reasonable inspections (constructive notice). See Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986).

Common scenarios include wet floors, tracked-in snow, worn mats, broken stairs, loose handrails, poor lighting, and falling merchandise. Key questions include: what the hazard was, how long it existed, what inspection or cleanup procedures were in place, and whether appropriate warnings were provided.

Comparative Negligence in New York

New York follows pure comparative negligence—your compensation may be reduced by your percentage of fault, but you are not barred from recovery solely because you were partly at fault. See CPLR 1411 (see also a plain-language overview from the courts: NY CourtHelp).

Insurers may argue that a hazard was open and obvious, that warning cones were present, or that footwear contributed to the fall. Thorough evidence helps address these defenses.

Evidence That Strengthens Your Claim

• Surveillance video from the store or neighboring businesses
• Incident and maintenance logs, inspection schedules, and cleaning policies
• Employee and third-party witness statements
• Weather records, snow/ice contractor logs, and delivery schedules
• Medical records linking your injuries to the incident
• Proof of economic losses (medical bills, wage statements, out-of-pocket costs)

Potential Compensation

Depending on the facts, recoverable damages may include medical expenses, lost wages or diminished earning capacity, and non-economic losses such as pain and suffering. In severe cases, future medical care and life-care needs may also be claimed.

Insurance Involvement and Common Pitfalls

Retailers and commercial property owners often carry liability insurance. Adjusters may request recorded statements or offer quick settlements before the full extent of your injuries is known. Be cautious about signing broad medical authorizations or accepting early offers that do not account for future care.

Deadlines and Notice Requirements

Legal timelines can be strict and vary based on who owns or operates the property and the type of claim. Many New York negligence claims have a general limitations period of three years from the date of injury (see CPLR 214(5)), but exceptions apply. If a public entity is involved, you may need to serve a Notice of Claim as soon as 90 days from the incident (see General Municipal Law § 50-e). Other public entities (including the State or certain authorities) can have different and shorter requirements. Act promptly to preserve your rights.

How an Attorney Can Help

• Investigate promptly and secure time-sensitive evidence (e.g., surveillance footage)
• Identify all responsible parties (store tenant, property owner, snow/ice contractor, maintenance vendor)
• Navigate New York’s notice rules and comparative negligence defenses
• Coordinate medical documentation and expert evaluations
• Negotiate with insurers and, if needed, litigate to seek full and fair compensation

Take the Next Step

If you were injured at a store in New York, a consultation can help you understand your options. Early legal guidance can protect evidence, meet applicable notice requirements, and position your claim for the best possible outcome. Contact us to get started.

Sources

• Gordon v. American Museum of Natural History, 67 N.Y.2d 836 (1986)
• N.Y. C.P.L.R. § 1411 (pure comparative negligence)
• NY Courts CourtHelp: Comparative Negligence
• N.Y. C.P.L.R. § 214(5) (three-year negligence statute of limitations)
• N.Y. Gen. Mun. Law § 50-e (notice of claim)

Disclaimer

This blog post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Legal outcomes and deadlines depend on specific facts and applicable New York law; consult a New York attorney about your situation.