Snow and Ice Slip and Falls: How do I Prove my Case?

With the winter affecting the Hudson Valley, we have been receiving significant accumulations of snow fall as of late with more snow in the forecast.  These accumulations of snow and ice make travel dangerous for everyone, whether they are in motor vehicles or walking outside.  With the repeated heavy snowfall, many property owners are beginning to become lax as to their snow removal policies.  Whether this is because they are tired of the winter storms, or simply trying to stretch their snow and ice control supplies, sidewalks, stairs, and parking lots can become very dangerous places to walk on. 

New York law places a duty on all property owners, possessors, and maintainers (collectively “owner”) to use reasonable care under the circumstances to remove dangerous hazards and make safe the premises.  The law requires that owners to take reasonable precautions to prevent foreseeable harm to foreseeable entrants and users of the land.  This duty extends to all entrants on the land, whether the entrant is a business customer, social invitee such as a party guest, or even a foreseeable trespasser.

Therefore, if you are on the property of another and are injured in a slip and fall accident on accumulated snow and ice, you may be entitled to compensation because the owner breached his or her duty owed to you which caused your injuries.  To establish entitlement to compensation, you will also need to prove that the owner had notice of the dangerous or hazardous condition.  There are different types of notice which an owner could have.

First, there is actual notice.  Actual notice is just what it sounds like.  It is where the owner had been told of the dangerous condition or had seen the dangerous condition prior to your slip and fall accident.  This could be established by a complaint by another person, or if the owner or employee walked over the dangerous condition prior to your fall and knew such condition existed there.

Second, there is construction notice.  Constructive notice is more complicated of an assessment, and is usually a decision for a trier of fact—such as a jury—to make.  Constructive notice is when the dangerous condition has existed on the premises for a reasonable period of time to be discovered and remedied.  With snow and ice, this is generally a few hours long after the accumulation or formation of snow and/or ice.  What is reasonable could vary depending on the circumstances.  But the general point is that an owner could be liable for snow and ice which has accumulated for formed on the property if it has been on the premises for a period of time long enough for the owner to discover it and remove it. 

Another type of constructive notice is based on a recurring condition.  This means every time a condition occurs, it could give constructive notice to an owner even if the owner did not know about its presence.  A common example is if water freezes on a sidewalk because a gutter leaks melting snow water onto the sidewalk every day.  If a person slips and falls on a sidewalk with this freezing water, then the owner may be liable for the injuries.

Third and final, there is notice if the owner created the dangerous condition.  While this is not technically notice, but it could be classified as actual notice, any time the owner or his or her employee, contractor, or other agent creates a dangerous condition, the owner will be liable if that condition causes a slip and fall injury.  An example would be if water from a car wash travels down to a sidewalk and freezes, the car wash owner would be liable for causing the slip and fall injuries.

The attorneys at Greenberg and Greenberg handle slip and fall cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Grocery Stores and the Duty of Care Owed to Customers

Every store owner in Hudson, New York must maintain the premises so that shoppers are not injured by dangerous conditions on the property.  The hazard must either be repaired or at least the shoppers must be warned of the danger.

Experienced Hudson slip and fall attorneys know that grocery store owners can be liable for a customer’s injury if the store was aware of the hazard and even if the store wasn’t aware, but should have been aware that there was a danger.  These are called premises liability cases.

In the most basic terms, grocery store owners must keep shoppers safe from foreseeable and preventable accidents and injuries.  Doing such is judged by a “reasonable person” standard.  Meaning, would a reasonable person faced with similar circumstances fix the danger or at least warn shoppers of the danger.  If yes, the grocery store could be held liable for the injuries suffered by a patron in a slip and fall accident. 

It makes little difference if the dangerous condition exists inside the store or if the danger is on the property outside.  So long as the grocery store knew or should have known about the danger, the store is responsible to cure or warn of the danger.  Timing, routine business practices, and governmental regulations can dictate what needs to be done and when liability can arise.

For example, imagine a sudden and violent summer thunderstorm.  Rain water will be tracked into the store both during and after the storm.  While the storm is under way, the grocery store might not be liable for slip and fall accidents that happen on the entry way floor.  This is because the store might not have had enough time to fix the problem.  On the other hand, if the storm ended hours earlier and a customer slipped on rain water in the entry way, liability can arise because the store may have had enough time to repair the hazard, or at least warn of the danger by placing a warning sign in the entry way. 

When grocery stores fail to keep shoppers safe from such preventable and foreseeable accidents, the grocery store can be liable for the slip and fall victim’s damages.  This means that any pain and suffering endured by the shopper is compensable, as are medical costs and lost wages, just to name a few compensable damages. 

In closing, even if you know that grocery stores commonly have wet floors, you never assume the risk of injury when visiting a market.  Also, it does not matter if you purchased something or returned an item, or if you went to the store just to browse.  Premises liability demands that grocery stores always maintain their property in a safe condition. 

The attorneys at Greenberg and Greenberg handle slip and fall cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

I Tripped and Fell in a Crowded Entryway of a Store: What are My Rights?

Store owners invite members of the public into their establishments to make purchases, seek services, and otherwise generate business sales.  Customers are a critical component to any store owner’s business.  Yet, some store owners fail to properly protect members of the public who are patronizing their establishments.  What is supposed to be a quick errand at the grocery store ends up in a hospital visit, months of pain and suffering, and even surgery.  If this has happened to you or someone you know, contact our experienced slip and fall lawyers to learn your rights to compensation.

Whenever the general public is invited into premises, that owner must keep the premises in a reasonably safe condition.  Thus, every store owner has a duty to exercise reasonable care under the circumstances to prevent foreseeable harm from occurring to entrants onto their property.  This is a common law (judge made law) principle which hold true throughout New York State.  While historically entrants onto the land for business purposes were afforded the highest level of care, this is now just a factor to consider as to the “reasonableness” of the care exercised by the store owner.

The most important area of a store where a store owner owes this duty is at the entrances and exits.  Not only is this important because every entrant into the store will pass by this area twice, but it is particularly important in the case of an emergency to keep the means of ingress and egress free of hazards which may prohibit emergency exits or emergency responders from entering.

Thus, a store owner has a duty to keep the entrance reasonable safe and free from the risk of injury.  This includes hidden steps, short steps, or not easily seen steps.  Failing to fulfill this duty may result in negligence.  However, if the store owner marks such potentially dangerous steps with yellow tape or a warning sign, he may be absolved from liability. 

This is because what is reasonable has been determined to be what is usual, customary, and commonly used at that type of establishment.  This provides for a flexible standard which does not apply one strict rule to all establishes.  Thus, the entranceway for a grocery store has a different standard than the entranceway to a dark, haunted house amusement. 

The standard also applies to the actions of other customers, which is also the responsibility of the store owner.  For instance, where patrons leave shopping carts, bicycles, strollers, and other similar objects by the front of the store (outside or just inside), a store owner may be liable for another patron’s fall caused by these obstacles.  Therefore, the store owner must remain in control of his store and keep a safe means for ingress and egress.

The attorneys at Greenberg and Greenberg handle slip and fall cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.

Melted Snow in a Store: What are Your Rights If You Slip and Fall

Slip and fall injuries are a common occurrence with thousands of people injured every year in these types of premises liability accidents.  While some slip and falls result in just a bruise and some embarrassment, other victims may suffer serious and potentially life-altering injuries such as spinal cord injuries, traumatic brain injuries, or even death. 

As the Mid-Hudson Valley is just beginning to get the first round of winter snow and ice, slip and fall accidents will become more prevalent.  This includes not just on snow and ice outside, but even snow that is tracked into a store and creates a wet and slippery surface.  Thus, if you or a loved one have been injured in a Hudson slip and fall accident, it is important for you to understand your rights under the law.

The general rule is that property owners can be held liable for the failure to remove snow and ice from their premises which results in foreseeable harm to another individual.  The property owner must remove the ice or snow from the premises within a “reasonable time” after the storm that created the dangerous condition has ended.  This is known as the “storm in progress” rule.

But this general rule is not limited to solely outdoor premises.  The interior also needs to be kept safe for patrons who enter the store.  Further, the “storm in progress” rule is not applicable to conditions in the interior of the store and landowners cannot attempt to shield themselves from liability by arguing it.  Thus, owners of commercial property are legally accountable for the safety of the visitors who enter their stores, regardless of whether the storm is still in progress.

In order to maintain a slip and fall case that occurred during a store because of snow that had melted inside the store, notice must be established.  Your Hudson slip and fall attorney can prove notice in the following ways:

• Created the dangerous condition; or
• Was on notice of the existence of the dangerous condition and did not take action to correct it.
• The notice can be either “actual” (knew that the snow as melted on the floor) or “constructive” (should have known that snow was melted on the floor).

There is another way to prove notice.  Even if a property owner is not aware of the melted snow, if the condition is present for an extended period of time or it is a condition that has occurred on a regular basis, the property owner will be considered to have constructive knowledge of a reoccurring condition.  Thus, they will be liable for your slip and fall accident.

There are also cases where the actions of the property condition, or his maintenance personnel, will cause the dangerous condition to worsen.  For example, the person who was responsible for mopping up the water ends up spreading it out into a larger area.  Another example is that the soap or other cleaning agents may be have been improperly mixed or used.

This is the time of year when these types of accidents are very common, with the snow starting to blanket property and owners are again faced with maintain their property to ensure the guests safety.  Most patrons who visit stores will track snow into the establishment, which will melt on the floor, creating a slippery surface. 

An experienced Hudson premises liability attorney can help successfully litigate cases that result from slip and fall accidents.  The attorneys at Greenberg and Greenberg handle cases throughout New York State, including Columbia, Greene, Rensselaer, and Albany County.  Our legal team has earned a reputation for dedicated service to our clients injured in New York personal injury accidents.  Please contact us today to receive a free case evaluation by dialing locally to 518-828-3336 or call toll free at 877-469-9300.