What Happens If You’re Injured in a Store? Understanding Premises Liability in New York

February 21, 2025

What Happens If You’re Injured in a Store? Understanding Premises Liability in New York

Accidents can happen anywhere, including in stores where you expect a safe shopping experience. If you slip, trip, or suffer any other injury due to hazardous conditions in a store, you may have a premises liability claim. At The Law Office of Tedd Kessler, P.C., we help New Yorkers understand their legal rights when they are injured due to a store owner’s negligence.


What Is Premises Liability?


Premises liability refers to a store owner’s responsibility to keep their property reasonably safe for visitors. If a business fails to address hazards—such as wet floors, uneven surfaces, poor lighting, or falling merchandise—they may be held liable for injuries that occur on their premises.


In New York, property owners and businesses must regularly inspect and maintain their stores to prevent dangerous conditions. If they fail to do so and someone gets hurt, the injured party may have the right to seek compensation for medical expenses, lost wages, and other damages.


Steps to Take After a Store Injury


If you are injured in a store, taking the right steps can help protect your legal claim:


  1. Seek Medical Attention – Your health should be your first priority. Even if the injury seems minor, getting medical care establishes a record of your condition.
  2. Report the Incident – Inform the store manager or owner immediately. Request that they document the incident and obtain a copy of the report.
  3. Gather Evidence – Take photos of the hazard that caused your injury, such as a wet floor or broken railing. Get contact information from witnesses who saw the accident.
  4. Preserve Records – Keep medical bills, receipts, and any other documentation related to your injury.
  5. Consult a Premises Liability Attorney – A lawyer can evaluate your case and help you determine the best course of action.




To hold a store responsible for your injuries, you must prove that:

  • A hazardous condition existed.
  • The store owner or employees knew or should have known about the danger.
  • They failed to fix or warn about the hazard in a reasonable time.
  • Your injuries resulted from this negligence.


New York follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially responsible for the accident. For example, if you ignored warning signs or were distracted at the time of the injury, the store may argue that you share some liability.


Seeking Compensation for Your Injuries


If a store’s negligence caused your injury, you may be entitled to compensation for:


  • Medical expenses (including future treatments)
  • Lost income from missed work
  • Pain and suffering
  • Emotional distress
  • Rehabilitation costs


At The Law Office of Tedd Kessler, P.C., we understand how difficult it can be to navigate a premises liability claim while recovering from an injury. Our team is dedicated to advocating for New Yorkers who have been hurt due to unsafe conditions in stores and other public spaces.


Contact Us for Legal Assistance


If you or a loved one has been injured in a store in New York, don’t wait to seek legal guidance. The sooner you act, the better your chances of building a strong case. Contact The Law Office of Tedd Kessler, P.C. today to discuss your legal options and protect your rights.


A long exposure photo of a city street at night.
March 27, 2025
Understand liability in rear-end collisions on New York roads. Learn how fault is determined, the impact of comparative negligence, and essential steps after an accident. Get expert legal assistance from The Law Office of Tedd Kessler, P.C.
February 21, 2025
Understanding Comparative Negligence in Personal Injury Cases in New York
A wooden judge 's gavel is sitting on top of a stack of papers.
December 20, 2024
Learn when it’s crucial to seek legal help after a construction injury in New York. This blog covers when to contact an attorney, from the severity of your injury to insurance complications, ensuring you receive proper compensation for your suffering.
November 28, 2024
What Are the Documents Required to File a Personal Injury Lawsuit in New York?
October 22, 2024
How is Compensation Calculated in a New York Wrongful Death Lawsuit?
September 19, 2024
Who Can File a Premises Liability Lawsuit in New York?
August 30, 2024
Understanding the Statute of Limitations for Car Accidents in Virginia
August 1, 2024
Slip and fall accidents are common and can happen anywhere, from a grocery store to a sidewalk. These accidents can lead to serious injuries, including broken bones, head injuries, and back problems. If you have been injured in a slip and fall accident, it’s important to understand your legal rights and options. At The Law Office of Tedd Kessler, P.C., we specialize in helping clients navigate the complexities of slip and fall cases in New York. Here’s how a slip and fall attorney can help you.  1. Understanding Premises Liability Law In New York, property owners and occupiers are required to maintain their premises in a reasonably safe condition. When they fail to do so, they may be held liable for accidents and injuries that occur as a result. An experienced slip and fall attorney understands the intricacies of premises liability law and can explain how it applies to your case. 2. Investigating the Accident A thorough investigation is crucial to building a strong slip and fall case. An attorney can gather and analyze evidence, including accident reports, photographs of the scene, and witness statements. They can also work with experts to determine whether the property owner’s negligence caused your accident. 3. Proving Negligence To succeed in a slip and fall case, you must prove that the property owner was negligent and that their negligence led to your injury. This involves demonstrating that the owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it. An attorney can help you gather the necessary evidence to establish negligence and build a compelling case. 4. Evaluating Your Damages Slip and fall accidents can result in significant medical expenses, lost wages, and pain and suffering. An attorney can help you evaluate the full extent of your damages, ensuring that you seek adequate compensation for your injuries. They can work with medical professionals and financial experts to accurately calculate your current and future losses. 5. Negotiating with Insurance Companies Dealing with insurance companies can be challenging, as they often aim to minimize payouts. An experienced slip and fall attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement that reflects the true extent of your injuries and damages. They can handle all communications with the insurance company, reducing your stress and allowing you to focus on recovery. 6. Representing You in Court If a fair settlement cannot be reached through negotiations, your case may need to go to trial. Having a skilled attorney represent you in court is crucial. They can present your case effectively, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict. 7. Providing Emotional Support Dealing with the aftermath of a slip and fall accident can be emotionally taxing. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your recovery and well-being. Benefits of Hiring a Slip and Fall Attorney Hiring a slip and fall attorney offers several advantages: Expert Legal Knowledge: An attorney with experience in slip and fall cases understands the intricacies of the law and can provide expert advice tailored to your situation. Thorough Case Management: An attorney can handle all aspects of your case, from investigating the accident to negotiating with insurance companies and representing you in court. Effective Negotiation: An attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement. Peace of Mind: Knowing that a professional is handling your case allows you to focus on your recovery, confident that your legal matters are being addressed. At The Law Office of Tedd Kessler, P.C., we are dedicated to providing exceptional legal representation for slip and fall cases in New York. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.
June 28, 2024
Understanding the Statute of Limitations for a New York Bicycle Accident
June 2, 2024
Understanding How Compensation is Calculated in a New York Truck Accident
More Posts
Share by: