The basics of a premises liability lawsuit

Written by
Abraham Jaros
|
Updated on Tuesday, Nov 7, 2023

With the associated high-profile publicity, premises liability lawsuits filed against major retailers and supermarkets generally attract widespread attention. Technology and automation have improved customer safety and security, but when a serious injury occurs, legal action may provide relief.

Store owners, managers and employees owe a duty of care to ensure that patrons have a safe shopping experience. That means employees must continuously keep the premises clear of debris, falling objects and liquid spills. If a risk of harm presents itself, employees have a duty of care to warn anyone on the premises of the danger.

Management and employees must provide warnings

Clear and noticeable warning signs such as yellow tape and orange cones could help prevent a slip-and-fall injury. Floor mats made from materials that absorb liquids and provide traction could also reduce the likelihood of a customer slipping.

Premises liability may extend to the consumable products that an establishment sells. For example, grocers and restaurant managers must warn customers of any food-borne illnesses, such as salmonella. A business may find itself liable if a customer contracts an illness caused by a negligent employee who served a contaminated food product.

A successful premises liability claim may require proof that the establishment knew of a hazard

Under The Empire State’s premises liability laws, an owner of an establishment faces strict liability for injuries caused by an employee’s negligence. When evidence of an unsafe condition exists, an owner owes a duty to fix it before allowing customers and invited visitors to enter the premises.

If an owner cannot accomplish an immediate repair, signs must provide a reasonable degree of warning to alert patrons to avoid the danger of a slip-and-fall. When a business neglects to take the necessary steps to protect customers from harm, an injured patron may file a claim for recovery.

A business owner may attempt to defend against a slip-and-fall claim by arguing that the customer caused his or her own injuries. An assertive presentation by the injured party’s legal team may counter an argument that the customer failed to pay attention to the warning signs.

Get the advice and guidance you and your family need

You do not have to go through this alone.

At Jaroslawicz & Jaros, we have over 40 years of experience helping accident victims in New York recover compensation. The clients we represent benefit from the personal attention of our knowledgeable and experienced attorneys.

We Have Recovered Over $2 Billion for Our Clients.

The attorneys at Jaroslawicz & Jaros have obtained verdicts and settlements of over $1 Million for hundreds of our individual clients. Since all New York personal injury law firms generally charge the same legal fee why not hire an experienced law firm with a proven track record?

When you retain the New York City accident lawyers at Jaroslawicz & Jaros, you will always work directly with your lawyer, and not with a paralegal or secretary. We will always be available to you! Our hundreds of positive client reviews and testimonials speak for themselves.

Experience and a track record of results

Contact the attorneys at Jaroslawicz & Jaros for a free legal consultation regarding your rights and your legal options. If we agree to handle your case, we will work on a contingency fee basis so that you don’t have to worry about any upfront costs.

Contact us today for a free consultation

Picture of Abraham Jaros

You can reach partner Abraham Jaros directly, either call his cell 917-842-9544, or email him at ajaros@lawjaros.com. Or call Jaroslawicz & Jaros at 212 227 2780 in New York, or toll free 800-269-2780, or submit an online questionnaire.