What to Do If You’re Injured in a Store or Business Establishment
Accidents can happen anywhere, but when they occur in a store or business establishment, it’s essential to take the right steps to protect your health and legal rights. Property owners in New York are required by law to maintain safe premises, and they can be held liable for injuries when they don’t. If you’ve been injured due to a hazardous condition on commercial property, you may be entitled to compensation. Below we talk about important steps to take after an injury to safeguard your well-being and build a strong case. If you’ve been hurt in a store or business establishment in Ulster County or the Hudson Valley, contact Rusk, Wadlin, Heppner & Martuscello, LLP, to speak with an experienced and successful Kingston premises liability lawyer.
1. Seek Immediate Medical Attention
Your health should be your top priority. If you’ve been injured, call for medical assistance or visit a doctor as soon as possible. Even if your injuries seem minor, some conditions, such as concussions or internal injuries, may not present symptoms immediately. Medical records also play a crucial role in documenting your injuries and linking them to the accident.
2. Report the Incident to the Business
Notify the store manager, owner, or an employee about the accident right away. Most businesses have procedures for documenting injuries on their premises, often through an incident report. Ask for a copy of the report or ensure it’s accurately completed. Keep in mind that this report may be used as evidence later.
3. Document the Scene
Gathering evidence is critical in proving liability. If you are able, use your phone to take photographs or videos of the accident scene. Focus on the hazardous condition that caused your injury, such as a wet floor, uneven surface, or poorly maintained area. Capture details like warning signs (or lack thereof) and any contributing factors, such as poor lighting or obstructions.
If there are witnesses, collect their names and contact information. Witnesses can provide valuable testimony about what happened.
4. Avoid Discussing Fault
While you may feel inclined to apologize or accept blame, avoid making statements about fault. Your remarks could be misinterpreted and used against you later. Stick to factual details when discussing the incident with business representatives, insurance adjusters, or others.
5. Preserve Evidence
Save any physical evidence related to your accident, such as clothing or footwear damaged during the incident. These items might show the presence of hazardous substances, such as spilled liquids or debris, that contributed to your injury.
6. Consult a Personal Injury Attorney
Premises liability cases, such as slip-and-fall or trip-and-fall accidents, can be complex. A skilled personal injury attorney can help you navigate the legal process, investigate your claim, and negotiate with insurance companies. In New York, property owners must take reasonable steps to ensure their premises are safe. If they fail to do so, they may be held liable for injuries caused by their negligence.
An attorney can help establish key elements of your case, including:
- The store owner’s duty to maintain safe premises.
- Evidence of their negligence (e.g., failure to address a known hazard).
- A direct link between the negligence and your injuries.
7. Be Mindful of Deadlines
In New York, you generally have three years from the date of your injury to file a personal injury lawsuit. However, specific circumstances, such as cases involving government entities, may have shorter deadlines. An attorney can ensure your claim is filed within the required time frame.
Types of Accidents in Stores and Businesses
Common accidents that can lead to injuries in stores and business establishments include:
- Slip-and-Falls: Caused by wet floors, spills, icy walkways, or loose rugs.
- Trip-and-Falls: Resulting from uneven flooring, extension cords, or cluttered aisles.
- Falling Objects: Injuries from poorly secured shelves or merchandise.
- Defective Escalators or Elevators: Malfunctions leading to accidents.
Potential Compensation for Your Injuries
If you’ve been injured in a store or business due to the owner’s negligence, you may be entitled to compensation for all the harm you have suffered or will continue to suffer. Legal damages after a premises liability injury often include compensation for medical expenses, including future treatment; lost wages and reduced earning capacity, pain and suffering, emotional distress, and more.
Rusk, Wadlin, Heppner & Martuscello, LLP Can Help
If you or a loved one has been injured in a store or business establishment in Ulster County or the Hudson Valley, the personal injury attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP are here to help. Our experienced legal team is committed to securing the compensation you deserve.
Contact us today at 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or toll-free throughout the Hudson Valley at 800-566-4101 for a free consultation to learn how we can assist you with your premises liability claim.
