Injuries at grocery stores or retail shops are unfortunately common occurrences. Whether caused by slipping on a wet floor, tripping over misplaced items, or falling due to poor maintenance or safety issues, these accidents can result in serious injuries. If you’re injured in a fall at a store, it’s important to know what actions to take immediately. These steps can help protect your health, your rights, and your ability to pursue fair compensation for your injuries.
Below, we provide a guide on what to do if you fall in a grocery or retail store and are injured. Knowing the right steps to follow can make a significant difference in your recovery and in pursuing a successful personal injury claim.
Ensure Your Safety and Get Medical Help Immediately 
Your health and safety should always be the first priority after an injury. If you have fallen and you’re in pain or feel unable to move, don’t attempt to get up right away. Wait for assistance. Call for help or ask someone nearby to call emergency services if you need an ambulance.
Even if you feel okay initially, it’s essential to seek medical attention. Many injuries, such as concussions, neck injuries, or soft tissue damage, may not be immediately obvious. A doctor’s examination is crucial to assess your injuries and start your recovery.
Additionally, a medical record of your injuries is important for your personal injury claim. A healthcare professional can document the extent of your injuries, the treatment you receive, and any long-term health implications. Without this documentation, it can be difficult to prove the full impact of the accident on your life.
Report the Incident to Store Management
Once you are able to, you should report the accident to store management or an employee. Store management should create an official incident report detailing the accident. The report should include specific information, such as the exact location where the accident occurred, how the fall happened, the condition of the store at the time (e.g., wet floor, items in the aisle, or poor lighting), and any injuries you sustained.
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Make sure to keep a copy of the incident report for your records. It’s also helpful to note down the names of the employees you spoke with and their role in the company. If you are unable to get a copy of the report right away, ask when you can expect one.
Reporting the accident creates an official record of what happened and is an important step in proving that the store’s negligence caused your injury.
Document the Accident Scene and Gather Evidence
One of the most important things you can do is document the scene of the accident. If you are able, take pictures of the area where you fell. Capture images of hazards like wet floors, uneven surfaces, poorly placed products, or any other conditions that might have contributed to your fall. If there are safety hazards like broken or missing handrails or defective mats, make sure to take clear photos of these as well.
If there are any witnesses to the accident, ask for their contact information. Their testimony can be very valuable when establishing the details of your case. They can verify that unsafe conditions contributed to your fall, which can support your claim for damages.
Be sure to take pictures of any injuries that you sustained. Photograph bruises, cuts, and swelling immediately after the accident, as well as any ongoing symptoms that may arise later. This photographic evidence will strengthen your case if you decide to pursue compensation.
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Gather Witness Information and Statements
If there are people who witnessed the accident, try to obtain their contact details. Their statements can play a crucial role in your case. Having someone else confirm the conditions that led to your fall, especially if the store was at fault for not maintaining a safe environment, can make a significant difference.
Ask witnesses what they saw, and whether they can corroborate your version of events. If they are willing to provide a statement, make sure to get their full name, phone number, and email address, as this information will be useful if you need to call upon them later in the claims process.
Review Store Policies on Accidents and Injuries
Most retail stores will have specific protocols in place for accidents and injuries that occur on their premises. Review the store’s policies and procedures for reporting accidents and injuries. This will help you understand how they handle these types of situations and whether they are prepared to address any negligence or liability for your injury.
Ask for a copy of the store’s incident report and any available documentation regarding the store’s insurance coverage or injury liability policies. This may be useful in determining whether you can make a claim directly with the store’s insurance company.
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Contact an Experienced Personal Injury Attorney
After a serious fall at a store, it is highly recommended that you contact a personal injury lawyer. A lawyer who specializes in these types of cases can guide you through the legal process and ensure your rights are protected. They can help you understand whether you have a strong case, what damages you may be entitled to, and how to proceed with a claim.
It’s important to consult with a lawyer before accepting any settlement offer from the store’s insurance company. Insurance adjusters are often focused on settling cases quickly and for the lowest amount possible. Your lawyer can assess whether any settlement offer is fair or if you should pursue further legal action.
Understand Your Rights and Compensation Options
In New York, if you are injured on someone else’s property due to unsafe conditions or negligence, you may have the right to seek compensation. If the store was negligent—such as failing to clean up a spill, failing to put up warning signs, or not properly maintaining the premises—you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other related damages.
An experienced personal injury attorney will explain your options, including whether you should file a claim against the store’s insurance company or pursue a lawsuit. They will help you determine the best course of action for your specific situation.
Track Your Medical Treatment and Expenses
Throughout your recovery, make sure to keep track of all medical treatments, doctor’s visits, prescriptions, physical therapy sessions, and other expenses related to your injury. Having a detailed record of your medical treatment will help you prove the extent of your injuries and the costs associated with your recovery.
Verdicts & Settlements
You should also keep track of any missed workdays or lost income if your injuries prevent you from working. These financial losses can be compensated as part of your injury claim.
Be Careful When Settling with Insurance Adjusters
If an insurance adjuster from the store’s insurance company contacts you, do not rush to settle the case. Insurance companies often offer low settlement amounts that may not fully cover your expenses or reflect the true value of your claim. Before accepting any offer, consult with your attorney to ensure that the settlement will cover all of your medical expenses, lost wages, and pain and suffering.
Prepare for Long-Term Support if Necessary
Some injuries, especially those involving the spine, neck, or brain, may require long-term medical treatment or rehabilitation. If you have sustained a severe injury, it’s essential to consider the long-term costs of your care and recovery. Your attorney can help you account for these future expenses when negotiating a settlement or preparing your case for trial.
Injuries from falls in grocery stores or retail shops can be serious, but by following the steps outlined above, you can ensure that you are protected. From seeking medical attention immediately to gathering evidence and reporting the incident, taking the right steps early can strengthen your case and improve your chances of receiving fair compensation.
At Andrews, Bernstein & Maranto, PLLC, we understand how challenging it can be to deal with the aftermath of an injury in a retail store. Our experienced personal injury attorneys are here to help guide you through the legal process and ensure you receive the compensation you deserve for your injuries. Contact us today for a free consultation to discuss your case.