Injured in a NY Store Fall? Steps to Protect Your Case

1) Get medical care first (and document it)

Your health comes first. If you are seriously hurt, call 911 or ask staff to do so. Even if injuries seem minor, consider prompt medical evaluation. Some fall injuries (including head, neck, back, and soft-tissue injuries) may worsen or become more noticeable later.

Keep copies of discharge papers, visit summaries, imaging reports, prescriptions, and any work restrictions. If you pursue a claim, contemporaneous medical records often help show what was injured, when symptoms began, and how the injury affected daily life.

2) Report the incident to the store and ask for an incident report

Notify a manager as soon as you can and ask that the store create an incident report. Provide basic facts (date/time, location, what you observed) but avoid speculating about fault or guessing details if you are not sure.

Before you leave, ask for:

• The manager’s name and contact information
• A copy of the incident report (if available), or the report number and how to request it
• How to contact the store’s risk/claims department (if any)

3) Photograph and video the area before it changes

Conditions in a store can change quickly after a fall (spills get cleaned, mats get moved, warning signs appear). If you can do so safely, take photos and video of:

• The exact area where you fell (wide shot and close-ups)
• The condition you believe caused the fall (liquid, debris, uneven flooring, torn mat, poor lighting)
• Any warning signs (or the lack of them)
• Your footwear (including tread condition)
• Your injuries (for example, bruising/swelling) over the following days as they evolve

If you cannot take photos yourself, ask a companion to do it.

4) Identify witnesses and preserve their contact information

Independent witnesses can be important, especially if the store disputes how the fall happened or whether a hazardous condition existed. If anyone saw the incident or the condition beforehand, ask for:

• Full name
• Phone/email
• A brief note of what they saw (even a short text message to you can help preserve memory)

Also note the names (or badge names) of employees who were nearby, responded, or were working in the area.

5) Preserve evidence you control (shoes, clothing, receipts)

Do not wash or discard the shoes and clothing you were wearing. If possible, store them in a bag in the condition they were in after the fall. If there is visible substance (water, oil, residue), preserving it may help later.

Keep proof you were in the store and when/where you were (receipts, loyalty account records, bank/credit card transaction, parking receipts).

6) Write down what you remember while it is fresh

As soon as you can, create a personal record of:

• Date/time and exact location (aisle/entrance/restroom/checkout)
• Weather conditions (if relevant to tracking, snow/rain, entryway conditions)
• What you observed (spill size, footprints, cart tracks, wet-floor signs)
• What you felt/heard (pain, dizziness, snapping sensation)
• What store employees said (including anything about prior complaints or cleaning)

A simple note in your phone can be helpful later. Details often get contested.

7) Ask the store to preserve surveillance video and records

Many stores have cameras that may show the fall itself or, just as importantly, the area beforehand. Some systems overwrite footage on routine cycles (which vary by business).

Consider sending a written request that the store preserve relevant evidence, such as video from applicable cameras for a time window before/during/after the incident, plus any incident reports, cleaning/inspection logs, and maintenance records. In New York, once litigation is reasonably anticipated, parties can have a duty to preserve relevant evidence, and courts may impose remedies for spoliation depending on the circumstances. See VOOM HD Holdings LLC v EchoStar Satellite L.L.C. and Pegasus Aviation I, Inc. v Varig Logistica S.A..

If you hire counsel, your attorney can send a formal preservation notice.

8) Be careful with insurance calls and recorded statements

A store’s insurer may contact you quickly and ask for a recorded statement or medical authorizations. Consider getting advice before providing a recorded statement or signing documents, especially if you are still treating or unsure about the full extent of your injuries.

If you do speak with an adjuster, keep it factual and limited:

• Do not exaggerate or minimize injuries
• Do not guess about what you “must have” slipped on
• Do not agree you were at fault unless you are certain

Be cautious about broad medical authorizations, which may seek records beyond what is relevant to the incident.

9) Watch what you post on social media

Posts can be taken out of context and used to dispute injury severity or timelines. New York courts can allow discovery of relevant social media content in appropriate cases. See Forman v Henkin. Consider limiting posts about the incident, your activities, or recovery while a claim is being evaluated.

10) What usually matters in a New York store-fall claim

Premises liability cases are fact-specific, but they often focus on whether the property owner/occupant failed to maintain the premises in a reasonably safe condition (Basso v Miller) and whether the defendant created the condition or had actual or constructive notice of it (Gordon v American Museum of Natural History).

Evidence that may become important includes:

• Photos/video of the area and condition
• Witness statements
• Surveillance footage
• Incident reports
• Cleaning/inspection logs and maintenance records
• Medical records tying injuries to the fall

New York is a comparative fault state, meaning fault can be apportioned between parties. See CPLR 1411.

11) Do not wait too long to get legal advice (deadlines can vary)

Deadlines depend on the facts, including who owns/controls the property and whether a public entity is involved.

• Many private-property negligence claims: A common limitations period is three years from the date of injury. See CPLR 214(5).
• Claims involving municipalities and certain public entities: Special notice and timing rules may apply, including a Notice of Claim requirement (often within 90 days) and additional timing requirements for starting suit. See General Municipal Law section 50-e and General Municipal Law section 50-i.

Because key evidence (especially video) can be lost quickly and legal requirements can be technical, consider consulting a New York personal injury attorney soon after the incident to evaluate options and preserve evidence. Contact us.

When to call a lawyer right away

Consider getting legal help promptly if:

• You hit your head, lost consciousness, or have neurological symptoms
• There are fractures, surgery, significant time off work, or lasting limitations
• The store denies the incident occurred or refuses to provide information
• You believe video exists that could be overwritten
• You are being pressured to give a recorded statement or sign documents

FAQ

Do I have to accept the store’s incident report version of events?

No. If you are asked to sign something you disagree with or do not understand, you can decline and request a copy or report number instead. Keep your own notes of what happened.

What if the store says it did not know about the hazard?

Store-fall cases often turn on whether the business created the condition or had actual or constructive notice, which can involve facts like how long the condition existed and what inspection/cleaning procedures were followed.

How long do stores keep surveillance video in New York?

There is no single statewide retention rule for all private stores. Many systems overwrite on routine cycles, which is why an early written preservation request can be important.

What if I was looking at my phone or not watching my step?

New York follows comparative fault, so your actions can be considered, but they do not automatically bar recovery. See CPLR 1411.

Sources

• CPLR 214(5) (New York limitations period for personal injury based on negligence)
• General Municipal Law section 50-e (Notice of Claim)
• General Municipal Law section 50-i (Time for commencement of action against a city/county/town/village)
• CPLR 1411 (Comparative negligence)
• Basso v Miller, 40 N.Y.2d 233 (1976) (general duty of reasonable care for premises)
• Gordon v American Museum of Natural History, 67 N.Y.2d 836 (1986) (constructive notice principles)
• VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 93 A.D.3d 33 (1st Dep’t 2012) (duty to preserve evidence; sanctions framework)
• Pegasus Aviation I, Inc. v Varig Logistica S.A., 26 N.Y.3d 543 (2015) (spoliation sanctions/discretion)
• Forman v Henkin, 30 N.Y.3d 656 (2018) (social media discovery relevance)

This article is for general informational purposes only and is not legal advice. No attorney-client relationship is formed by reading or contacting us through this website. New York premises-liability and notice/limitations rules can be fact-specific (including different rules for public entities). Consult a qualified New York attorney about your specific circumstances.

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