What are my options if a customer is suing me for slip and fall injuries in my New York City store?
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Options for Responding to a Slip and Fall Lawsuit in New York City
As a lawyer, I would advise that if a customer is suing you for slip and fall injuries in your New York City store, you have several options available:
- Assess the validity of the claim: The first step is to assess the validity of the claim being made against you. Was there a dangerous condition in your store that caused the customer to slip and fall? Did you have notice of the dangerous condition? Did you take reasonable steps to remedy the condition or warn the customer of the danger? If after assessing the facts, you believe that the claim has merit, then you may want to consider settling the case.
- Notify your insurance company: You should contact your insurance company as soon as possible to report the incident and the potential claim. Your insurance company may provide an attorney to defend you and may also offer a settlement to the customer if they believe the claim has merit.
- Contact an attorney: If you don't have insurance or if your insurance company refuses to defend you, then you should consider hiring an attorney who can help you defend the claim. An attorney can help you assess the validity of the claim, negotiate with the customer or their attorney, and represent you in court if necessary.
- Gather evidence: It's important to collect and preserve any evidence related to the incident, such as surveillance footage, witness statements, and incident reports. This evidence can be used to support your defense and refute the customer's claims.
- Attend mediation: Mediation is a process where a neutral third party tries to help the parties reach a settlement without going to trial. Mediation can be a good option if you want to avoid the time and expense of a trial.
- Go to trial: If you are unable to settle the claim, then you may have to go to trial. At trial, you will have to present evidence to prove that you were not negligent or that the customer was contributorily negligent. You should rely on the expertise of an attorney to present the best defense possible.
It's important to note that New York is a comparative negligence state, which means that if the customer is found to be partially responsible for their injuries, then their damages will be reduced by the amount of their fault. Additionally, New York has a three-year statute of limitations for personal injury claims, so if the incident occurred more than three years ago, then the claim may be time-barred.
