It may be possible to file a lawsuit for injuries that someone suffered while they were at a retail store in New York. One common claim that patrons of retail stores make is negligence.
There are numerous examples of issues that can arise in retail stores, such as spills in aisles, tip hazards, and more. If a store is negligent, they may face a premises liability lawsuit for monetary compensation and even emotional harm.
To have a successful negligence lawsuit, a plaintiff will have to show four things, including that a duty of care existed, that there was a breach of that duty, that the breach of duty directly caused their injury or harm, and that their harm can be calculated and compensated. When these four elements are proven, an individual can prove the store was the reason for their personal injury.
Whenever someone is injured in a retail store in New York, they should schedule a legal consultation in New York.
What Do I Need To Prove My Slip and Fall Claim in New York?
In New York, a slip-and-fall accident happens when there is a dangerous condition issue with the property, such as a wet floor, dim lighting, or missing rails, all of which can cause issues for patrons. To figure out what will be needed to prove a slip-and-fall claim, it is important to determine the purpose of the individual’s visit to the store because it establishes the store’s duty of care.
The hazard that was present at the store must have been there long enough that an owner should have or did notice and had time to take some sort of action, such as posting a warning. A plaintiff must show that this lack of action was the reason they were injured.
What type of liability a store may face depends on whether they were a licensee, invitee, or trespasser. A licensee is an individual’s social guest, such as a friend or neighbor.
An invitee is someone who visits a store for business reasons. The highest duty of care is owed to invitees.
It is important to file a claim as soon as possible after you are injured, as evidence will disappear and be more difficult to find as time goes by. New York lawyers can help people who are injured file claims for their slip-and-fall accidents.
What Other Types of Claims Can I Sue the New York Retail Stores For?
In addition to the types of claims discussed above that someone can sue a New York retail store for, there are also many others. For example, store security lawsuits may arise when security in a retail store detains a suspected shoplifter for too long or otherwise violates their rights.
A patron may also be able to make a defective product claim if they are injured by something that they purchased at the store. In these cases, manufacturers, distributors, and retail stores can all be held liable when this happens.
Issues can also arise related to dangerous structure laws and other things that can cause injuries at the store. An important aspect of all of these claims is whether or not the issue was foreseeable.
The law does not expect a store to see every single issue immediately, but if an issue is foreseeable, it should be fixed as soon as possible.
What Are Some Legal Options Available in a New York Retail Store Lawsuit?
There are different legal options that may be available to someone in a New York retail store lawsuit. The most important legal option for someone is to hire a New York attorney for help and advice.
An injured individual may be able to file a lawsuit against the store in which they were injured to recover compensation for their injuries. In this lawsuit, they can ask for monetary compensation to pay them back for money they had to spend on medical care resulting from their injuries.
They can also ask for compensation for lost wages from missing work and future lost wages, if their injury resulted in a disability or the inability to perform their current job duties. An injured person can enter into negotiations at any time during their lawsuit and settle their claim outside of the courtroom.
Can the Retail Store Assert Any Defenses Against Me?
There are some personal injury defenses that a retail store can assert against a plaintiff who files a lawsuit against them. One commonly used defense is comparative or contributory negligence.
The State of New York uses a comparative negligence system to determine fault. This means that, unless a plaintiff is found to be 100% at fault for their injuries, they will be able to recover damages.
If a plaintiff did not pay attention to posted warnings, did something they knew was dangerous, or otherwise did something to cause their injuries, their award may be reduced by the percentage they were at fault. Another common defense that retail stores present is failure to mitigate.
With the failure to mitigate defense, the defendant argues that the plaintiff did not act reasonably after they were injured. This can include not seeking medical care, not following doctor’s orders, or not attending follow-up appointments.
What Are the Steps To Take When Suing a Retail Store for Injuries in New York?
There are certain steps that someone should take when they are suing a retail store in New York. The first thing to do is consult with a New York personal injury lawyer for advice and guidance.
An attorney will be able to help gather the necessary evidence to prove a personal injury claim. This can include security footage, photographs, witness statements, and other supporting documentation of a claim.
An individual’s lawyer will file a complaint against the store on their behalf for their injuries in the proper court. The retail store will then have a specific number of days to respond to present their defenses and arguments.
If the parties do not settle their case, it will proceed to a courtroom trial. During the trial, both sides will be able to present their arguments and evidence to the jury or judge. A New York personal injury attorney can guide both plaintiffs and defendants throughout the process.
Can I Sue a Store for Discrimination?
Yes, an individual may be able to sue a New York retail store for discrimination, depending on the facts of the case. A retail store does have the right to ask someone to leave if their conduct is improper, such as using profanity or playing with items in aisles of the store.
However, an individual can not be removed from a retail store because of their race, gender, or other protected characteristic.
Should I Contact a New York Attorney About Suing a Retail Store?
If you have been injured in a retail store in New York or have faced discrimination, it is essential to consult with a New York personal injury lawyer. Being injured in a store can cause injuries, both short-term and long-term.
Contacting a lawyer as soon as you can will help make sure that you are able to take the proper steps and collect the necessary evidence to have a successful claim. Retail stores, especially large companies, will often have access to much more funding to present a strong defense against your claim.
That is why using LegalMatch’s no cost attorney matching services to find a New York personal injury lawyer is so important. Many personal injury lawyers will accept cases on a contingency fee basis, which means you will not have to pay them unless they win your case.
It will only take you around 15 minutes to submit your question or concern on the website and be matched to licensed and pre-screened personal injury lawyers in your area of New York.
