Staten Island Retail Store Accident Lawyer
Hurt in a Retail Store Accident? Call Our Staten Island Retail Store Accident Lawyer for Help
Most people do not assume that they will be injured during a trip to the store. Although this is true most of the time, it is not true all of the time. Indeed, over 1 million people are treated in emergency departments for slip and fall injuries each year in the United States. Falls account for 21% of all fatal accidents in the United States, higher than fatalities caused by motor vehicle crashes, drownings, and fires. Many of the falls that occur in retail store accidents can be prevented if a store owner or manager property maintains the premises. Unfortunately, our Staten Island retail store accidents lawyer knows that this does not always happen.
Here at the O’Connor Personal Injury Law Firm, our compassionate and experienced bodily injury law firm can help victims and their families recover compensation for their damages caused in a Staten Island retail store accident. This includes compensation for medical bills, lost wages, loss of consortium, and conscious pain and suffering. If you or a loved one were seriously injured in any type of accident occurring in a store, call our Staten Island retail store accident lawyer to schedule a free case evaluation.
Examples of Retail Store Accidents in Staten Island
There are many different types of retail store accidents that could be caused by a defendant’s reckless, careless, or outright negligent conduct. They can occur anywhere, including big box stores, small mom and pop stores, convenience stores, or at specialty businesses. Although most cases involve slip and fall or trip and fall accidents, they can also result in other types of serious injuries due to other causes. This is why these types of cases are generally referred to as “premises liability matters,” which just means that they are cases involving the use of property.
Some of the most common examples of retail store accidents include the following:
Slip and Fall Accidents in Retail Stores
A slip and fall accident occurs when a person comes into contact with a slippery condition and loses balance, causing him or her to fall. What is slippery could be something that was spilled on the floor, such as a broken jar or a customer’s drink. But it could also be something that was tracked into the store, like rainwater or snow that melts. It could also be from something that leaks, like a refrigeration unit, air conditioner, or even a roof. Additionally, the slippery condition could also have been put onto the floor by the defendant but not properly handled, like excessive soap or floor wax.
Trip and Fall Accidents in Retail Stores
Similar to slip and falls, a trip and fall accident is one that is caused by a condition on the premises which causes a person to stumble and lose balance. Unlike a slippery condition on the ground, most trip and falls are caused by conditions like uneven flooring, debris on the ground, wires, pallets, and other tripping hazards. Thus, instead of slipping, victims of a trip and fall get their foot stuck, twisted, or caught on something.
Falling Stock or Products from Shelves
Outside of falling on slippery conditions or trip hazards, Staten Island retail store accidents can also be caused by falling stock or products from the shelves. Some large box stores, like major home improvement stores or bulk-purchasing stores, often stack pallets of extra product on the upper shelves. Although most times a forklift operator does a good job at this, unfortunately that is not always the case. Sometimes pallets are uneven and products can fall on top of customers below. Sometimes what falls is the product that is being stacked, but other times it could be a stray product that was on the self or something already stacked. When employees fail to close aisles that could be affected by the stocking, it presents an unreasonable risk of harm to customers and can be compensable under New York law.
Electrocutions
Being shocked at a retail store is a potentially fatal accident. This is particularly true in big box stores and home improvement stores that water their plants and allow standing water to sit on the ground right where customers may walk through. When inappropriate extension cords or lighting is used, it presents a very real risk of electrocution.
Who Could be Liable for Retail Store Accidents in Staten Island?
Generally, New York law imposes a “non-delegable” duty on property owners to ensure that their premises are reasonably safe. That means that landowners must repair dangerous defects in a reasonable period of time or otherwise warn and exclude others from the defect. This is an important duty which always falls back on the landowner.
However, there are exceptions to when a landowner is liable. One of the most common scenarios is in a retail store accident. That’s because many stores are actually tenants that are leasing a space from a property owner. In doing so, owners require these tenants to execute a hold harmless agreement or an agreement to indemnify and contribute to personal injury losses. This means that, although a landowner has a non-delegable duty, the tenant is still primarily responsible for negligent accidents that occur in the tenant’s store. Thus, the retail store is often the most commonly negligent defendant in most types of accidents.
In addition, there are also property managers who could be at fault. Many times, a landowner will hire a property manager to maintain common areas such as sidewalks, parking lots, walkways, storefronts, and other areas that all shopkeepers and their guests have access to. Similarly, landowners will usually require property managers to hold them harmless or indemnify and contribute to personal injury losses.
Lastly, there are sometimes third-parties that could be liable for retail store accidents. This includes cleaning crews or repair crews that come into a store and take over an area or premises, or who cause an accident. Given the different parties, it can be difficult to determine who may be at fault, thus, an experienced Staten Island retail store accident lawyer like ours is necessary to protect your rights under New York law.
Common Injuries from Retail Store Accidents in Staten Island
There are many possible personal injuries or bodily harm that could be caused by a retail store accident. The type of injuries is also dependent on the type of accident. However, nearly all types of retail store accidents can cause serious, debilitating, or fatal injuries for victims.
Some of the most common personal injuries caused by Staten Island retail store accidents include the following:
- Traumatic brain injuries or TBIs
- Spinal cord injuries or SCIs
- Broken bones or fractured bones
- Significant disfigurement or scarring
- Torn muscles, ligaments, or tendons
- Compression fractures of the vertebrae
- Loss of eyesight of vision, including partial or total blindness
- Dislocations or separations
- Organ injuries
- Knee injuries
- Neck or back injuries, including slipped discs, herniations, or annular tears
- Nerve injuries
- Shoulder injuries
- Crushing injuries, including to the feet or hands that result in compartment syndrome
- Amputations or loss of a limb or digit
- Burn injuries, especially from electrocutions
- Wrongful death, and
- Other types of serious or fatal personal injuries that our Staten Island retail store accidents lawyer can handle for you and your family.
Can I Recover Compensation for a Retail Store Accident if I Was Partially At Fault?
Yes, victims of a retail store accident can still recover compensation for their personal injuries if they were partially at fault. It does not matter if it was a slip and fall, trip and fall, hit by a falling object, or another type of accident, victims may still be entitled to damages for their lost wages, medical bills, and conscious pain and suffering. Although some states may bar compensation for contributory negligence, New York follows the “comparative fault” rule for attributing fault in an accident.
Under the comparative fault rule, victims who were partially at fault may have their recovery reduced by their proportional share of fault. For example, if a victim recovered $100,000 but was 15% at fault for his accident, a court may reduce his award by 15% or $15,000, making the total award $85,000. In a contributory negligence state, the same victim may not be permitted to recover any compensation.
Call Our Staten Island Retail Store Accident Lawyer for Help
Our skilled and experienced legal team can help investigate a claim, compile medical records, and determine liability in a retail store accident. These cases can be tricky, especially if there are multiple parties who may be liable for an accident. Even where damages may be particularly severe, defense lawyers and their insurance adjusters will undermine and undervalue claims, sometimes offering to settle cases at a fraction of what they are truly worth.
Don’t let that happen to you and your family. Contact the Staten Island retail store accidents lawyer at the O’Connor Personal Injury Law Firm to schedule a free case evaluation and consultation to learn more about your rights to compensation under New York law. Unlike other bodily injury law firms, our legal team is dedicated to you and your individual case – not applying a cookie-cutter approach to your case. To learn more about our personal approach to representing clients in New York, call us today by dialing (866) 927-3809 or by sending us an email through our “Contact Us” box available here.