Having just received an email blast from her favorite department store,
Amy excitedly hurried to the mall with her discount savings coupon. This
along with her frequent shopper card will save her sixty percent on the
original price for the clothes she wants to buy.
Given the holiday weekend, she knows the store will be busy, but she knows
right where her items will be. Walking through the racks of clothing,
one can barely see the floor around each turn. She takes a left to the
center of the name brand section; she suddenly and unexpectedly falls
to the ground.
She lies there, fearing to get up because she does not want to confront
the injuries she knows she has. Amy hit the ground with her left arm underneath
her; the leg of a metal clothing rack is between her and the floor.
A store worker ran over to the scene when hearing a strong thud of something
hitting the ground. She found Amy lying there and helped her sit up. “Let
me call an ambulance dear, you will be fine. It looks like you tripped
on frayed carpeting that lifted up off the floor; I told the manager about
the danger over a month ago.”
It looks like Amy will not capitalize on her opportunity to save money.
She has other things to worry about now. Her wrist and arm is broken.
Even worse, she is a stewardess and she simply cannot fly and work without
being able to use her arm.
Experienced Poughkeepsie slip and fall attorneys know that the store can be liable for Amy’s pain and suffering,
medical bills, lost wages and other losses as a result of the store’s
negligence in maintaining safety at the store.
New York State premises liability laws require property owners to:
- Not create dangers on the property;
- Inspect the grounds for dangers;
- Repair hazards known about, or that which should have been known about;
- Warn visitors of hazardous conditions on the property.
When the property owner or occupier fails at any of these duties and a
guest is injured as a result, the victim can sue the offending party for
Sure, the business owner and property owner will most likely be insured.
An insurance payout might not be enough to cover the victim’s losses.
Suing might be the only way to achieve total compensation.
If you have been injured in a
slip and fall accident on someone else’s property, contact an attorney. Never talk to an
insurance company on your own. Those companies only have their interests
and their client’s interests in mind. Also, be sure to get witness
names, take pictures of the dangerous condition, and get incident reports
from the store.
Learn more about premises liability cases and what they are in
our latest article posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.