What if I Fell Because of a Broken Tile or Uneven Flooring in a Market

When you walk into a grocery store, bodega, or market in New York City, you expect the floors to be safe and even beneath your feet. Unfortunately, that’s not always the case. Cracked tiles, loose floorboards, or uneven transitions between surfaces can easily cause someone to trip and fall. These hazards might seem minor at first glance, but they can lead to devastating injuries, including broken bones, torn ligaments, concussions, or even spinal trauma.
If you fell in a market because of a broken tile or uneven flooring, you may have a right to recover compensation for your injuries. Whether the responsibility lies with the store itself, the landlord, or a property management company depends on who was responsible for maintaining the premises. Under New York premises liability law, businesses must take reasonable steps to ensure their property is safe for customers. Learn more below, and contact Leandros A. Vrionedes, P.C., to speak with a NYC grocery store slip and fall accident lawyer if you were injured on unsafe premises in a Brooklyn, Bronx, Manhattan or Queens market.
Dangerous Flooring: More Common Than You Think
Slip, trip, and fall accidents are among the most common types of personal injury claims in New York City. Many of them happen inside retail spaces like supermarkets, delis, and convenience stores, where foot traffic is constant and maintenance often falls short.
Flooring defects can take many forms, including:
- Broken or missing tiles that create sharp edges or uneven surfaces
- Uneven transitions between different flooring materials (such as tile and concrete)
- Warped or loose floorboards in older buildings
- Buckled or raised sections from water damage or heavy equipment
- Poorly placed mats or rugs that bunch up or slide across smooth floors
Even a small irregularity less than an inch high can catch a person’s foot and cause a serious fall. New York courts have repeatedly recognized that property owners must correct or warn about such conditions once they know, or should have known, about them, or if they created the danger in the first place.
The Store’s Legal Duty to Maintain Safe Conditions
Under New York premises liability law, every business that invites the public onto its property has a duty to keep the premises reasonably safe. That includes conducting regular inspections, repairing hazards promptly, and warning customers of any dangers that can’t be immediately fixed.
In the context of markets and grocery stores, this means:
- Checking the flooring for cracks, broken tiles, or uneven areas
- Making necessary repairs or cordoning off unsafe sections
- Replacing missing or loose tiles
- Ensuring transitions between aisles, freezers, or different flooring materials are level and secure
If a store owner or employee ignores these responsibilities, they can be held liable for resulting injuries. Failing to inspect or repair the floors may be considered negligence, particularly if the condition had existed long enough that it should have been discovered through reasonable care.
When the Landlord May Be Responsible
Many NYC markets lease their space from commercial landlords. In those situations, the lease agreement often determines who is responsible for maintenance and repairs. If the lease requires the landlord to maintain the structural elements of the building, including the subflooring or tile foundation, the landlord may share blame or bear full responsibility for the accident.
For example, if a broken tile resulted from long-term water damage seeping through the building foundation, and the landlord ignored maintenance requests, the injured person may have a viable claim against both the store tenant and the property owner. Determining liability requires examining the lease, maintenance records, and any complaints or work orders submitted before the accident.
Proving Negligence in Uneven Flooring Cases
To succeed in a claim against a store or landlord in New York, you must prove that they were negligent—that is, they knew or should have known about the dangerous condition and failed to fix it or warn customers in time. This is known as proving actual or constructive notice.
- Actual notice means the store was aware of the defect, such as when employees reported it or the manager saw it directly.
- Constructive notice means the defect existed for a long enough period that the store should have discovered and repaired it through regular inspections.
Evidence can include surveillance footage, maintenance logs, inspection reports, or even photos showing the condition before and after the accident. Testimony from employees or other customers who observed the hazard can also be powerful proof.
Common Injuries From Flooring-Related Falls
Falls caused by uneven flooring or broken tiles can be deceptively serious. Victims often suffer:
- Fractures, especially of the wrist, arm, hip, or ankle
- Torn ligaments in the knee or shoulder
- Head injuries, including concussions and traumatic brain injuries
- Back, neck, or spinal injuries from twisting or falling backward
- Soft tissue injuries that cause chronic pain and mobility problems
Because these injuries can affect mobility, balance, and daily functioning, victims often incur lost wages, long recovery times, and mounting medical bills. A personal injury claim can help recover compensation for these damages, including pain and suffering, lost income, medical expenses, and emotional distress.
The Importance of Acting Quickly
If you were hurt because of a broken tile or uneven floor, it’s crucial to act fast. Evidence at the scene, such as the condition of the flooring, may be repaired or altered shortly after your fall. Surveillance footage, which could show how the accident occurred or how long the defect existed, might be erased within days.
You or your attorney should take photos or videos of the floor condition immediately, get the names of any witnesses who saw your fall or the hazard, report the accident to store management and ask for a copy of the incident report, and seek prompt medical attention to document your injuries. An experienced NYC premises liability lawyer will then send a preservation letter to ensure the store or landlord doesn’t destroy relevant evidence.
Comparative Fault in New York Premises Liability Claims
It’s also important to understand that New York follows a comparative negligence rule. This means that even if you were partially at fault—for instance, if you were distracted by your phone when you tripped—you can still recover damages, but your compensation will be reduced by your percentage of fault. That’s why having clear evidence showing that the hazard was dangerous and unaddressed is critical to maximizing your recovery.
Call Leandros A. Vrionedes, P.C., for Skilled Representation in New York City
Falls caused by broken tiles and uneven flooring aren’t just unavoidable accidents; they’re often the result of poor maintenance and negligence. At Leandros A. Vrionedes, P.C., we have decades of experience holding negligent property owners, landlords, and commercial tenants accountable for unsafe conditions that harm New Yorkers.
We know how to investigate these claims, identify all liable parties, and gather the evidence needed to build a strong case for compensation. Whether your fall happened in a grocery store, market, or any other New York City business, our firm will fight to ensure you receive full and fair compensation for your injuries, medical expenses, and lost income.
Don’t let a store or landlord dismiss your fall as a “minor mishap.” You have rights, and we can help protect them. Contact Leandros A. Vrionedes, P.C., today for a free consultation and let us put our experience to work for you.