If you take a spill on a wet floor in a New York supermarket, it’s crucial to understand that you may be entitled to compensation for your damages. Unlike in some other states, New York laws are fair to shoppers, even if the store tries to blame you for the accident. However, the success of your case hinges on whether you can prove that the store knew or should have known about the dangerous condition. Please continue reading to learn more about the complexities of building your claim, and contact our dedicated Queens Slip & Fall Accident Attorneys for guidance.
What Do You Actually Have to Prove?
For a successful slip and fall case, you must establish:
- A hazard was present (e.g., wet floor, debris)
- The supermarket is responsible because they either caused the hazard or were aware (or should have been aware) of it.
- This specific hazard is what directly caused injuries.
What’s the Difference Between Actual and Constructive Notice?
Establishing whether a supermarket was aware of a hazard is the cornerstone of your slip and fall claim, typically hinging on two specific types of notice:
- Actual Notice: This applies when store management or staff were directly informed of the spill or hazard well before your incident occurred, yet failed ot address it.
- Constructive Notice: This applies when the store wasn’t explicitly warned, but the hazard persisted long enough and was noticeable enough that a standard inspection should have caught it.
Since proving the store “knew” is usually the most contested aspect of a slip and fall case, it’s the make-or-break part of your claim.
Does a Missing “Wet Floor” Sign Help Your Case?
Yes, it makes a substantial impact. The lack of a warning sign demonstrates that the store neglected to alert customers to an existing or foreseeable hazard. While you still have to demonstrate notice, this absence effectively undermines a defense frequently used by stores. Capturing photos and videos of the hazardous condition right away, specifically showing that no warning was present, can be vital in strengthening your claim.
What Happens If You Were Partly at Fault for Your Fall?
New York follows a pure comparative negligence rule. This means if you’re found partially at fault, your compensation will be reduced by your percentage of fault, but not eliminated. Even if you’re assigned 90% at fault, you can still recover the remaining 10% of your damages. Keep in mind that insurance companies often attempt to shift blame onto victims to minimize their payouts. A skilled attorney at The Law Offices of George Poulos knows how to counter these tactics and fight for the compensation you need to get your life back on track.
If you’ve been injured in a slip and fall accident, please don’t hesitate to contact The Law Offices of George Poulos today for a free consultation.