Store owners of mom-and-pop shops and big box retailers alike are often responsible for the safety of their customers. Store owners are legally required to take reasonable steps to ensure that the store, entryways, parking lots, and other parts of the property are properly maintained.
When a store owner fails to do their part to care for their property, the store owner has negligently maintained their property and may be liable for slip-and-fall accidents that occur on said property. Slip-and-fall accidents may be caused due to an owner’s:
- Failure to conduct regular inspections of property.
- Failure to fix dangerous conditions existing on property (e.g., poor lighting, broken staircase, or uneven carpeting).
- Failure to warn of dangerous conditions on property.
Actual v. constructive notice
Many owners will claim that they did not know of the dangerous condition that caused the accident. However, the owner may still be liable if they had actual or constructive notice of the condition. Actual notice means that the owner was made aware of condition while constructive notice means that the owner should have known about the condition and would have known if he or she had not acted negligently.
What if the victim was partially at fault?
A store owner may also claim that the slip-and-fall victim’s own negligence caused their own accident and injuries. Wearing improper footwear, failing to pay attention, and ignoring warning signs are common forms of victim negligence. However, the slip-and-fall victim may still recover damages in New York if they are found partially responsible for their own accident. The damages they receive will be reduced based on the percentage of fault assigned to them.
Recovering damages from an insurance company or store owner after a slip-and-fall accident can be challenging. An attorney specializing in premises liability matters can help you receive the compensation you deserve to cover your medical expenses, lost wages, and other accident-related damages.
