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 was Injured When the Other Car Crossed into my Lane on a Curve: What are my Rights?

All motorists have a duty to see what there is to be seen and to exercise ordinary care under the circumstances in the use and operation of his motor vehicle.  This duty extends to all individuals in or around the roadway, including other drivers, pedestrians, and bicyclists.  If a motorist causes a car accident, he may have breached this duty and he may be liable for any harm he caused as a result of this breach under a theory of negligence.

This duty to see what there is to be seen is becomes more important in certain circumstances.  One such circumstance is on a curve, where the roadway is bending one way or another—sometimes sharply—which becomes a dangerous road.  This is because visibility can be severely limited on a curve, particularly at night or during a rain or snow storm.  In addition, the sound of the motor vehicle may also be harder to hear to alert others of an oncoming vehicle.  These factors not only make curves more dangerous for drivers, but also for pedestrians, bicyclists, or individuals trying to exit a driveway on a curve.  Further, the danger is elevated in a wooded area because a motorist has to contend with deer and other animals which may attempt cross the roadway.

New York common law (judge made law) has responded to this problem by finding that motorists owe an added duty of ordinary care to others on curves.  Where a motorist who sees a curve ahead beyond which he cannot see around it, he has a duty to slow his speed so as to prevent a car accident.  Thus, the exercise of ordinary care on a curve, particularly a sharp curve, is to drive the motor vehicle at a speed less than that at which motor vehicles are normally driven on straight stretches in the same general area.

Where a driver fails to lower his speed on a curve and causes an accident on a curve due to skidding, crossing the center line, or running off the road, it has been held by New York courts that such conduct may constitute negligence.  This is particularly true where the curve is located at the bottom of a hill or where there are ample warning signs of the impending curve.  Further, this is true where signs warn of the exact danger which occurs, such as a “hidden driveway” sign and the motorist navigating the curve fails to slow down for the possibility of a driver exiting the hidden driveway.

The attorneys at Greenberg and Greenberg handle motor vehicle accident 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.

What is My Liability When another Driver Motioned That It Was Safe to Pull into Traffic When In Fact It Was Not Safe?

It is common for motorists to make it easier for other motorists to traverse the roads.  Some everyday examples would be permitting other drivers to merge or enter into another lane, for pedestrians to cross the street, and for others to enter a main road from a side road or parking lot.  This stems from a common courtesy to other individuals and to help motorists who do not have the right-of-way by voluntarily yielding to them.

Yes, we are talking about the gesture.  That is, when one motorists waves to another motorist to go ahead with his or her movement.  We have all been there when part of a class of drivers who understand what it means to “share the road”.  But as experienced motor vehicle accident attorneys, we have seen instances when the good will of a fellow motorist actually produced a roadway accident.

What you are doing when you wave is actually yielding the right-of-way which you have and giving it to another driver.  Thus, you are creating an obligation onto yourself to yield.  But there are different interpretations of what a gesture to another motorist actually means.

Is the gesture telling me it is safe to go?  Is it telling me I can proceed if I want?  Is it telling me that it is safe only if I think so?  Does it merely mean that the other driving gesturing to me will wait for me?  There can be many meanings to a simple gesture.  It is normal for one to ask, “if a motorist waived me into traffic or indicated that it was safe to cross the street when it was not in fact safe, am I liable for the consequences or is the person who waived me on liable?  Also, can all parties somehow be held liable together?”

Please understand that New York law requires all plaintiffs in negligence cases such as car accidents to prove: that the defendant owed the plaintiff a duty; breach of that duty; that the breach proximately caused the plaintiff’s injury; damages were suffered. 

Motor vehicle negligence cases are rarely easy to prove, and they become more complex when situations like the present discussion arise.  There must be proof that the “waving-on” motorist owed a duty to other motorists involved in the accident.  The “waved-on” motorist must be proved to have had a duty as well in order to be held liable for negligence. 

One might have to show that the “waved-on” driver completely relied on the judgment of the person waiving him on, and that such reliance was reasonable.  There might also be a need to determine if the “waved-on” driver acted independently in assessing the safety of proceeding according to the other motorist’s courtesy.

Not only will the reasonableness of the motorists’ actions be judged in comparison to that of another reasonable driver.  The circumstances of the accident in dispute must be considered.  So the plaintiff will want to show that another reasonable and prudent driver in the same or similar situation would not have done what the defendant ended up doing. 

Given the complexity of entering such proof into court’s evidence in front of a jury, only experienced attorneys should be used.  Such attorneys will also be able to articulate the proper award to which the plaintiff is entitled.  Also, since each party may be held accountable for their proportionate share of responsibility, the attorney will also show how much each party is responsible to contribute to the damages awarded. 

The attorneys at Greenberg and Greenberg handle car accident 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.