Are Stores Always Liable for Slip and Fall Accidents in New York?

When someone slips and falls inside a business like a grocery store or market, many people assume that the business is automatically responsible. After all, customers have a right to expect safe premises when they shop. But in reality, slip and fall claims are not automatic. Stores are not insurers of everyone’s safety. To succeed in a personal injury claim, an injured customer must show that the store was negligent in a way that caused the accident. Understanding how liability works in these cases can help accident victims avoid common misconceptions and better protect their rights.
Below, we discuss when store owners are liable for slip and fall accidents on their premises. If you or a loved one has been hurt in a slip and fall in a New York City grocery store or market in Brooklyn, the Bronx, Queens, or Manhattan, contact Leandros A. Vrionedes, P.C., to review your potential claim with an experienced and successful NYC slip and fall accident and injury attorney.
The Store’s Duty of Care
Under New York premises liability law, store owners and managers owe customers a duty to keep their premises reasonably safe. That duty typically includes periodically inspecting aisles and entryways, promptly cleaning up spills, keeping walkways clear, repairing broken flooring, and placing warning signs when hazards cannot be immediately fixed.
However, the law does not impose absolute liability. A store cannot guarantee that every inch of floor will always be perfectly safe. Instead, the key legal question is whether the store acted reasonably under the circumstances. For example, if a hazardous condition develops suddenly and the store had no reasonable chance to address it before somebody got hurt, liability might not attach.
Proving Negligence: Actual and Constructive Notice
For a claim to succeed, the injured person must prove negligence. A key issue is demonstrating through evidence that the store (the owner, the manager, or an employee) either created the dangerous condition or knew or should have known about it but failed to fix it.
- Actual notice exists when the store is directly aware of the hazard. For example, if an employee saw a spill but ignored it, the store had actual notice.
- Constructive notice applies when the hazard existed long enough that a reasonable inspection would have discovered it. For instance, a puddle from a leaking freezer that went unattended could demonstrate constructive notice.
How long a hazard must exist before that time is considered unreasonable depends on many factors, and each case must be evaluated individually. But without proof of notice, it is difficult to hold a store legally responsible, even if the hazard was real and caused an injury.
Comparative Fault in New York Slip and Fall Cases
Another common misconception is that a store is fully liable once negligence is proven. In reality, store owners and their insurers frequently invoke New York’s comparative fault system in slip and fall cases. This means the injured customer’s own conduct may be considered in determining compensation.
For instance, if the injured person was distracted by their phone and not looking where they were going, or if they ignored warning cones that were clearly visible, a jury might assign them a percentage of fault. If that happens, their damages award would then be reduced proportionally. For example, if a plaintiff was found 20% at fault and awarded $100,000, they would actually recover only $80,000.
Comparative fault ensures that liability is shared fairly when both parties’ actions contributed to the accident, but it is often exploited by insurance companies looking to avoid or minimize any payout. It’s easy for them to claim the victim was at least partially at fault, but when the evidence doesn’t back up their claims, we make sure the victim isn’t unfairly blamed.
Evidence That Strengthens a Slip and Fall Claim in NYC
Slip and fall claims often turn on the strength of the evidence. Accident victims should act quickly to preserve proof of the hazard and the circumstances of the fall. Helpful evidence may include, for example:
- Photographs or videos of the hazard
- Witness statements from other customers or employees
- Store surveillance footage
- Incident reports filed with management
- Medical records documenting injuries
This evidence can show not only that a dangerous condition existed, but also how long it had been present and how the store’s negligence contributed to the fall.
Why Early Settlements May Be Risky
Insurance companies representing stores often try to downplay slip and fall claims. They may argue the hazard was too new for the store to address, blame the customer for being careless, or suggest that the injuries are minor. Other times, they are quick on the scene with a check and a release form, hoping to settle the matter before attorneys get involved. But a quick settlement often undervalues the true cost of medical treatment, rehabilitation, lost wages, and the impact of the accident on the victim’s life.
Speaking with a personal injury attorney before accepting an offer ensures that victims fully understand the strength of their case and the compensation they may be entitled to.
Contact Attorney Leandros A. Vrionedes After a Slip and Fall in New York City
The biggest misconception is that a slip and fall in a store automatically creates a winning lawsuit. In reality, these cases require a careful showing of negligence. The store’s duty of care, actual or constructive notice of the hazard, and the customer’s own actions all play critical roles in determining liability and damages.
At Leandros A. Vrionedes, P.C., we know how complex slip and fall cases in New York can be. Our firm has decades of experience proving negligence, countering store defenses, and securing fair compensation for our clients. If you slipped and fell in a grocery store, department store, or any other business in New York, don’t assume liability is automatic or let the insurance company minimize your claim.
Contact us today for a free consultation. We will evaluate your case, gather the evidence needed to prove negligence, and fight to make sure you are compensated for your injuries.