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As retail stores in New York begin to open their doors back up to the public again, it is important that the properties are well maintained. This is so that shoppers who come onto the grounds are not put at risk of being involved in an accident and sustaining a serious injury. Accidents can happen in retail stores when the individuals who are required to take care of the property fail to do so. This can result in broken bones, spinal cord injuries, brain injuries, and more. That is why injured parties can pursue legal action against a negligent party to recover compensation for the damages. Continue reading below to learn more and contact an experienced New York personal injury attorney for assistance. 

Who is Responsible for a Retail Store Accident?

In New York, retail store owners and their staff owe all shoppers a duty of care. This requires them to take care of the property so that hazards do not arise and cause the grounds to become dangerous. This can be done by conducting routine inspections so that if certain dangers are present on the property, they can be fixed immediately. If an accident occurs because the store owner or employees failed to fulfill this obligation, the injured party can pursue legal action for damages. Examples of hazards that can be found in retail stores can include spilled liquids, uneven walkways, poor lighting, unsafe parking lots, construction hazards, and more. 

How Can I Prove Negligence?

After a retail store accident causes injuries, legal action can be sought by injured shoppers to recover compensation. This can be done through a personal injury lawsuit. In doing so, they are required to satisfy the burden of proof by showing the store owner or the staff knew about the hazard that caused the injuries and failed to rectify it. This can be done with a variety of evidence, such as an actual notice or constructive notice. Actual notice is any record that proves the store owner knew the hazard existed, while constructive notice is if the owner did not inspect their property entirely. An experienced attorney can help to gather the proper evidence necessary to prove negligence.

Contact our Firm

If you have been injured in a New York City car accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.


To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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