Walking through the aisles of a store, the last thing anyone wishes for is to end up on the floor, injured and confused. Unfortunately, this happens more often than one realizes. Wet floors, uneven ground, and objects on the aisle offer the type of conditions that lead to nasty falls. Some escape with bruises, while others are left with broken bones, head injuries, or long-term pain.
Having an idea of what to do right after an accident can be the difference between life and death. Prompt action saves your health and makes any subsequent legal claim much stronger.
Why These Accidents Are More Prevalent Than People Realize
Slip and fall injuries in shopping centers are prevalent. Retail centers have higher traffic volumes, and spills, displaced objects, or unattended floor conditions are hazardous. In such crowded places, employees do not perceive threats, leaving shoppers vulnerable.
Malls, supermarkets, and big box retailers are especially problematic. Liquids spill before chilled aisles, rainwater is tracked in, and slickly polished tile floors become slippery. Even parking lots are dangerous—uneven pavement and poor lighting heighten the risk of accidents. When stores fail to fix these issues, consumers pay the price. This is where the help of a New York City slip and fall lawyer becomes crucial.
Immediate Steps to Take After a Slip and Fall in a Store
The seconds after an accident are crucial. Acting quickly keeps one safe, records what happened, and maintains evidence.
- Be Calm and Check for Injuries: A sudden drop can be startling. Take a moment before attempting to stand up to see if anything hurts or feels wrong. Dizziness, pain, or weakness may signal something more serious. Acting too fast could exacerbate injuries.
- Get Medical Care, Even If You are not Hurt: All injuries are not visible. Adrenaline can numb pain, so nothing can be felt at first. Symptoms will occur hours or even a day or two afterwards. Going to medical treatment as soon as possible ensures that injuries are properly diagnosed and treated. Medical history is also valuable evidence if action needs to be taken through the law.
- Report the Incident to Store Management: Before you leave, let someone know who is an employee or a manager. Ask that someone fill out an incident report. If they decline to do it, record to whom you spoke and when. Recording the contact prevents companies from denying that the fall occurred in the future.
- Take Photographs of the Area, the Hazards Involved, and the Injuries: Pictures are worth a thousand words. Document the exact location, such as any hazards that caused the fall. If liquid, debris, or uneven floor was a factor, photograph it prior to anything being removed or cleaned up. Photograph injuries that are observable as well.
- Get Witness Statements and Contact Information: If there is a witness who saw what happened, their account would be beneficial. Take down names, telephone numbers, and email addresses. Witness testimony verifies the conditions leading to the accident.
- Preserve Clothing and Footwear as Potential Evidence: What you were wearing at the time is able to authenticate your evidence. Clothing will reflect the materials used to make you slip and fall. Footwear will reveal whether they were on for appropriate weather. The remaining items in accident form ensure that they can be used as evidence if necessary.
Understanding Liability: Who Is At Fault
Stores are also required to make their buildings safe. Property owners and managers are responsible for eliminating hazards or notifying guests of them. If this is not done by the company and someone is hurt, they can be held responsible.
Nevertheless, establishing fault is not always easy. To make the store liable, you need to demonstrate that the store either created the hazard or were aware of it and did not rectify it within a reasonable period. Video evidence from the surveillance cameras, records of maintenance, and sworn testimonies of witnesses can be used to establish negligence. In case of an accident outdoors, liability for slip and fall accidents in parking lots a lawyer can determine whether the store, property owner, or another party is liable.
What If the Store Denies Liability?
Not every company will accept blame. Some may claim that they did not have a means of knowing the danger was present. Others may claim the customer was not alert. Stores attempt to avoid liability by presenting evidence of warning signs, regular maintenance activities, and the obvious nature of the hazard. Businesses sometimes assert that customers should have taken better care when incidents happen in specific areas while making claims about inappropriate footwear as evidence of liability avoidance.
In cases where stores deny liability, the injured party should collect evidence that includes security camera recordings, eyewitness testimonies, and photos of the dangerous area to demonstrate negligence. A specialist in premises liability law should be consulted to successfully challenge store claims and obtain a fair settlement.
Ways Stores Can Deny Responsibility
- Lack of Notice – Businesses will often claim that they were unaware of the dangerous condition.
- Comparative Negligence – They can claim the customer was not vigilant.
- Temporary Hazards – If there had been only a recent spill, they could claim they hadn’t had time to fix it.
- Steps to Challenge a Denial– Denial isn’t the end of the case. There are ways to counter.
- Get Surveillance Video – There is usually at least one security camera in every store. Proof on tape could establish how long the hazard was around before the fall.
- Request Maintenance Records – Maintenance records reveal if safety procedures were adhered to by the store.
- Get Employee or Witness Statements – More testimony makes the case even more powerful.
How Legal Representation Can Help?
A lawyer understands that shops have tricks for not paying compensation. Lawyers take evidence, handle insurance companies, and fight for fair outcomes. When sidewalks or parking lots are involved, there are additional legal considerations.
Personal injury claims are complex, but seasoned lawyers know how to manage them. A personal injury lawyer at Omni Injury and Accident Law, P.C. ensures hurt individuals receive the assistance they deserve.