If you are injured in a slip and fall accident in a store on Long Island, you could face physical, emotional, and financial harm. New York law allows you to pursue compensation against a negligent store, the property owner, or another party liable for your injuries.
Our experienced slip and fall lawyers can determine liability, calculate current and future damages, and argue persuasively in settlement negotiations or court that you deserve fair compensation. Contact our Long Island personal injury attorneys for a free case evaluation if you or a loved one was injured in a store.
10 Steps To Take If You Fell at a Store on Long Island
The steps you take after your accident can protect your health and preserve evidence for a Long Island slip and fall lawsuit. If you were injured in a store, take action.
Steps To Take Immediately After a Slip and Fall
Go to the hospital if you are seriously injured. Your attorney can collect evidence if you leave in an ambulance. If you stay, take these steps:
- Report the fall to the store customer service manager and request an incident report form.
- Take pictures of the scene, including the hazard that caused your fall and the surrounding area.
- Collect witness information, including from store employees. Witness accounts can serve as strong evidence to back up your account of your fall.
- Seek medical attention even if you have no apparent injuries. Conditions such as brain injuries and internal bleeding may take time to show symptoms, but left untreated, they can lead to serious, long-term consequences or death.
Steps To Take From the Hospital or Home
Slip and fall claims can be complex, and what you do or fail to do can affect your compensation. When you are able, take these steps:
- Contact a personal injury attorney so they can immediately start collecting evidence, such as store video and witness testimony. You cannot establish store liability for a slip and fall without independent evidence to back up your account of the accident.
- Follow all medical treatment plans so the store’s insurance company representative can’t claim that you didn’t think your injuries were serious.
- Keep a pain journal and include how the accident affected your physical and emotional state. This will make it easier for your attorney to tell your story, which is an essential factor in damages calculations.
- Save or record any communication with the store or insurance companies. Make backups so you don’t risk losing your only copies.
- Don’t post to social media, as your post may be twisted as evidence that you caused your fall.
- Don’t talk to insurance company representatives without your attorney present. They may try to use your words against you or pressure you into taking a quick, low settlement.
Did You Slip and Fall While Working Instacart at a Store or Grocery?
People who shop for and deliver groceries for Instacart or another service are independent contractors, not employees. This means they are not eligible for workers’ compensation if they slip and fall in a store. Instacart in-store shoppers are an exception. They are Instacart employees and get injury protection through workers’ compensation.
To determine if you are eligible for compensation if you are injured in a store as an independent shopping contractor, visit the website of the company you shop for. Find the section covering shoppers and search for terms such as “injury protection” or “hurt while shopping.” Some popular apps and their policies:
- Instacart Shopper Injury Protection
- Uber Injury Protection Insurance
- Doordash Occupational Accident Policy
Make copies of any information that proves you were shopping at the time of your accident, such as screenshots from your app. Follow our other steps after a slip and fall in a store in the event of a lawsuit.
Long Island Slip and Fall Accident FAQs
After a slip and fall accident at a store, you likely have questions about pursuing damages for your injuries. Answers from our experienced slip and fall accident lawyers can assist you in seeking fair compensation.
1. How Much Money Can You Get From Falling in a Store on Long Island?
It is impossible to determine your potential damages until we hear the details of your case. You can ask for economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and loss of enjoyment of life. Learn more on our compensatory damages FAQ page.
2. How Long Do You Have To Report a Slip and Fall?
If you don’t leave for emergency medical treatment, report your fall to the store immediately and ask if it has an incident report form. Otherwise, report it as soon as possible. Also, don’t risk missing New York’s personal injury statute of limitations for lawsuits. If the three-year deadline passes, a judge will likely dismiss your case, and you cannot collect compensation.
3. When Is a Store Liable for a Customer’s Injury?
A store is liable for injuries when owners or employees fail to fix hazards or warn customers about them. You must show that the party you name controlled the premises and knew or should have known about the danger that led to your fall. An experienced premises liability lawyer can investigate your claim, collect key evidence, and determine whom to file your claim against.
4. Who Else Might Be Liable for My Slip and Fall in a Store?
Stores often lease spaces and are generally responsible for hazards they create or fail to address. However, the property owner may share responsibility for things such as a leaking roof that led to a slip and fall danger. A management company may also hold liability. Your best course of action is to partner with an experienced slip and fall attorney so they can view leases and contracts and determine whom to name in your lawsuit.
5. What if I Was Partly Responsible for My Store Slip and Fall?
Under New York’s pure comparative negligence law, you can collect damages if you aren’t 100 percent liable for your injuries. Your percentage of fault reduces your compensation proportionately. For example, a store video may show you looking down at your phone when tripping and falling over an extension cord in the store. If an insurance company, judge, or jury determines that you are 25 percent responsible for your injuries, you can collect 75 percent of your damages.
Get Legal Assistance After a Slip and Fall in a Store
At Chopra & Nocerino, we provide high-quality representation and personal attention. Our attorneys fight for our clients and refuse to back down because we understand how an accident with injuries can upend the life of an everyday New Yorker.
We’ve secured hundreds of millions in settlements and verdicts for our clients by powering through the nonsense and finding the top. Our slip and fall lawyers have several notable case results, including:
- $1.3 million settlement – Our client was walking to a Marshall's customer service desk when she fell. She sustained serious injuries requiring a one-level spinal fusion surgery. Using video surveillance footage, we proved that water had accumulated on the floor where she fell due to negligently stored wet umbrellas by the entrance. The defense heavily contested the claim, but we were prepared to go to trial. During the jury selection, the case settled.
Act now so we can preserve evidence and build your case. Contact us online or call 855-NYC-HURT to schedule a free consultation. Para servir mejor a todos los miembros de nuestra comunidad, también ofrecemos servicios en español.
