Premises Liability Claims for Injuries in New York Retail Stores: Who’s Responsible?

Retail stores in New York, from the bustling department stores of Manhattan to smaller neighborhood shops in the boroughs, attract thousands of shoppers daily. While shopping is generally a safe activity, accidents do happen.

When injuries occur inside a retail store, determining who is responsible can be complex, as multiple parties may be involved. Understanding premises liability in these cases is critical to seeking fair compensation for injuries sustained in retail stores.

Here, our New York City personal injury attorneys explain.

What is Premises Liability in New York City Retail Stores?

Premises liability refers to a property owner or occupier’s legal responsibility to maintain a safe environment for visitors. In retail stores, store owners, property managers, and sometimes even third-party contractors can be held accountable for injuries caused by unsafe conditions.

These conditions might include wet floors, broken shelves, poor lighting, or defective escalators. The law requires property owners to take reasonable steps to ensure their premises are safe for customers and employees.

Who Can Be Held Responsible for Personal Injuries that Occur in New York City Retail Stores?

Depending on the circumstances, various parties can be liable for injuries in retail stores.

Potentially responsible parties may include:

• Store Owners or Operators

Store owners or operators are often the primary party responsible for maintaining a safe shopping environment. They must regularly inspect the store for potential hazards, promptly address safety concerns, and warn customers of temporary dangers, such as wet floors. When they fail to uphold these duties, they can be liable for injuries.

• Property Owners or Landlords

In some cases, the store operates on leased premises. The property owner or landlord may be liable if a structural issue, such as a broken step or faulty electrical system, caused the injury. The lease agreement between the store and the landlord often outlines who is responsible for maintaining specific areas or systems, which can impact the liability determination.

• Third-Party Contractors

If a third-party contractor, such as a cleaning company or maintenance crew, created the hazardous condition that led to the injury, they could also be held liable. For instance, if a cleaning crew mops the floor but fails to place warning signs, they may share responsibility for resulting injuries.

• Product Manufacturers

If a retail store accident is caused by a defective product within the store, such as a collapsing display or malfunctioning escalator, the manufacturer of that product might also be liable. In these cases, product liability laws may come into play alongside premises liability.

What are the Most Common Types of Injuries and Hazards in New York City Retail Stores?

Retail stores present various hazards that can result in injuries.

Common examples include:

• Slip and Fall Accidents: Wet floors, spilled liquids, loose floor mats, and snow or ice at store entrances can lead to slip and fall injuries.
• Falling Objects: Merchandise stacked improperly or poorly secured displays can cause products to fall, resulting in head injuries, broken bones, or other trauma.
• Tripping Hazards: Uneven flooring, exposed electrical cords, or misplaced merchandise can create tripping hazards, leading to severe injuries.
• Escalator or Elevator Accidents: Malfunctioning escalators or elevators can cause severe injuries, such as lacerations, broken bones, or crush injuries.
• Assaults Due to Inadequate Security: In some cases, poor security measures can lead to assaults or robberies within the store premises. If a store is located in an area known for criminal activity, owners may be required to provide additional security to ensure customer safety.

How to Prove Negligence in a Retail Store Injury Case in New York City

To succeed in a premises liability claim against a retail store, the injured party must prove negligence by establishing four elements:

• Duty of Care: The store owner, operator, or other responsible party had a duty to maintain a safe environment for customers.
• Breach of Duty: The responsible party failed to meet that duty by allowing a hazardous condition to exist or failing to warn customers of a danger.
• Causation: The breach of duty directly caused the injury.
• Damages: The injured party suffered actual damages, such as medical bills, lost wages, and pain and suffering.

How Our New York City Premises Liability Attorneys Can Help

Navigating a premises liability claim against a retail store in New York can be complicated, especially when multiple parties are involved.

An experienced personal injury attorney in New York City can:

• Investigate the accident thoroughly, gathering evidence such as surveillance footage, maintenance records, and witness statements.
• Establish the liable parties, including store owners, landlords, and third-party contractors.
• Handle negotiations with insurance companies and represent you in court if necessary, ensuring you pursue fair compensation for medical expenses, lost wages, pain and suffering, and other damages.

Contact Our Attorneys at David Resnick & Associates, P.C.

Contact the New York personal injury law firm of David Resnick & Associates, P.C., online or call us at 212-279-2000 today for a free consultation about your case. We serve clients throughout New York City, in Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island.

You can speak with our experienced New York City injury attorneys at no cost, with no obligation. If your case is eligible, we will manage the entire process from beginning to end without any upfront charges or out-of-pocket expenses. You won’t owe anything for our top-tier personal injury services unless we secure a successful outcome for you—guaranteed.

Author: David Resnick

Founder of David Resnick & Associates, P.C., a New York personal injury law firm in charge of providing exceptional and personal service to each of our clients in various areas including car accidents, slip and fall, wrongful death, construction accidents, and premises liability. David Resnick founded the firm in 1998 after working in large law firms where he saw a need for greater client communication and more personal care.