A slip and fall in a Long Island shopping mall or grocery store, like Roosevelt Field Mall or Tanger Outlets, sometimes happens because a property owner failed to meet their legal duty to keep their premises reasonably safe. Proving this failure is the key to securing compensation for your injuries, but the process involves strict deadlines and specific types of evidence.
Trends in 2025 show that factors like Long Island’s aging population and changes in store staffing are contributing to these incidents. Time and time again, they are often the predictable result of unsafe conditions. A Long Island slip and fall lawyer can review your case, explain your options, and help you pursue the compensation you deserve.
If you have questions about what happened to you, you deserve to get answers. You are likely facing medical bills and time away from work, and you may be wondering if you were somehow at fault.
Call our office for a no-cost consultation at (631) 451-7900.
Why Might the Store or Mall Be Responsible for My Fall?
This question gets to the heart of a legal concept known as premises liability. This is a principle that holds property owners accountable for the safety of their visitors. Who Is Liable For A Slip And Fall Accident often depends on whether the owner knew or should have known about the dangerous condition and failed to fix it or warn visitors.
The Legal Duty of Care
New York law requires commercial property owners to maintain their property in a reasonably safe condition for all visitors. This means they must actively look for and fix potential hazards that could cause harm. It also means they must warn you about dangers they know about or reasonably should know about.
What is Negligence? A Simple Explanation
In legal terms, a store is considered negligent if it fails to act with reasonable care, and that failure leads directly to your injury. To build a successful slip and fall claim, we must show four things:
- Duty: The property owner had a responsibility to keep you safe.
- Breach: They failed in that duty (e.g., they didn’t clean up a spill or repair a broken floor tile).
- Causation: Their failure directly caused your fall and the injuries you sustained.
- Damages: You suffered measurable losses, such as medical bills, lost income, and pain and suffering.
2025 Trends: Why Are These Falls Happening on Long Island?
Several developing trends on Long Island are creating conditions where slip and fall accidents at shopping malls and grocery stores are becoming more and more frequent.
An Aging Population Meets Aging Infrastructure
Nassau County’s population includes a significant and growing number of residents over 65. Between 2011 and 2021, this demographic increased by 25%. This age group is more susceptible to serious injuries from a fall. Many of Long Island’s popular commercial centers and strip malls are older structures. Without consistent and thorough upkeep, they present numerous hazards like cracked pavement, uneven flooring, and worn-out stair treads that pose a risk to all shoppers.
The Lingering Effects of Staffing Shortages
Since 2020, many retail and grocery environments have been operating with leaner teams. These staffing shortages sometimes mean fewer employees are available for routine safety checks, cleaning schedules, and maintenance tasks. A spill may go unattended for longer, a fallen item may obstruct an aisle, or a burned-out lightbulb in a stairwell may not be replaced promptly, allowing preventable hazards to persist.
The Rise of Mental Health Injury Claims
A fast-growing trend in 2025 is the number of mental health-related injury claims tied to falls, especially among retail and grocery workers, as well as customers who experience traumatic incidents in-store. More people are reporting psychological injuries such as PTSD, anxiety, and depression as part of their claims—especially after severe falls, being trapped or immobilized, or witnessing traumatic events in public settings. These claims are forcing insurers and courts to re-examine what constitutes compensable harm after a fall. If you are experiencing ongoing mental or emotional distress after a slip and fall, you may be entitled to compensation for mental health treatment, therapy, and related costs, not just physical injuries.
The Most Common Hazards We See
Certain dangers appear time and again in these cases. They are almost always preventable with proper care. Common Injuries From Slipping include broken bones, head trauma, spinal injuries, and severe sprains that may require long-term treatment.
- Wet and Slippery Surfaces: Spills in grocery aisles, tracked-in rain or snow at entrances, and freshly mopped floors without proper warning signs are among the most frequent causes of falls.
- Cluttered Aisles and Obstructions: Merchandise, stocking carts, boxes, or electrical cords left in walkways can easily cause a trip and fall.
- Poor Lighting: Dimly lit stairwells, parking lots, or interior hallways can obscure tripping hazards that would otherwise be visible.
- Parking Lot and Sidewalk Defects: The owner’s duty extends outside the store. Potholes, significantly cracked pavement, and uneven curbs in the parking lot or on adjacent sidewalks can lead to serious falls.
The Core Question: Did the Store “Know” About the Hazard?
Proving the property owner was negligent often comes down to showing they knew, or should have known, about the dangerous condition that caused your fall. In legal terms, this is called “notice.” There are two main types.
Actual Notice
This is the most direct form of notice. It means the owner or an employee was explicitly told about the hazard or saw it themselves. For instance, if another customer informs a manager that a freezer is leaking and creating a puddle in the aisle, the store has actual notice.
Constructive Notice
This is more common and requires more investigation to prove. Constructive notice means the dangerous condition existed for a long enough period that a reasonably attentive property owner should have discovered and fixed it through normal diligence.
Think of it like spoiled milk in your refrigerator. You may not have seen the expiration date pass, but if the carton has been in there for three weeks and smells sour, you should have known it was bad. The evidence of its long-standing presence is undeniable.
To prove constructive notice, we look for similar evidence. Was the puddle of spilled juice dirty and full of shopping cart tracks, suggesting it had been there for a significant amount of time? Was the broken handrail on the staircase visibly rusted and worn, indicating a long-term lack of maintenance? Avoid Slip And Fall Accidents by reporting hazards quickly, wearing proper footwear, and staying alert in high-traffic areas.
What Can You Do From Home to Protect Your Rights?
With the initial shock of the incident behind you, a few simple actions from home will make a substantial difference.
Preserve the Details
- Take photographs and document witness names: Photographs depicting a dangerous condition are important as they document the condition as it existed at the time of your accident. After your fall, a store may quickly clean up a spill or bring a contractor in to fix a hole. It is also important to take down names of any witnesses.
- Document Your Injuries: The best way to document your injuries is by visiting medical professionals for treatment. Be sure to report all of the symptoms you are experiencing as a result of the accident.
Keep Your Shoes and Clothing
Do not wear or wash the shoes and clothing you had on during the fall. Place them in a sealed bag and store them somewhere safe. They may have residue on them (like from a spilled liquid or a waxy substance) that serve as direct evidence of the hazard that caused your fall.
Track Your Expenses
Start a folder for all accident-related paperwork. This is where you will keep:
- Medical bills, co-pays, and explanation of benefits forms.
- Receipts for prescriptions and any necessary medical equipment.
- Pay stubs that show your regular rate of pay and any time you have missed from work.
Be Cautious with Insurance Adjusters
It is very likely that a representative from the store’s insurance company will call you. You are not obligated to give them a recorded statement, and it is in your best interest to decline. Their goal is to find information that could minimize the value of your claim. It is best to let a Long Island slip and fall lawyer handle these communications on your behalf.
How Long Do I Have to File a Slip and Fall Claim in New York?
New York law sets a firm time limit, known as the statute of limitations, for filing a personal injury lawsuit. Missing this almost certainly means losing your right to compensation permanently.
For Most Private Properties (Malls, Grocery Stores)
For most incidents that occur on private commercial property, such as a shopping mall, a big-box retailer, or a grocery store, you generally have three years from the date of the incident to file a lawsuit.
A Critical Exception for Public Property
The rules are much stricter if your fall happened on property owned or managed by a town, county, or another government entity. This could include a public parking facility, a county or state-run building, or even some sidewalks.
In these cases, you must file a formal Notice of Claim within just 90 days of the incident. This document officially informs the government body of your intent to seek damages. Missing this 90-day deadline can permanently bar you from recovering any compensation, regardless of the severity of your injury. This is why it is so important to have the circumstances of your fall reviewed by an attorney quickly.
What Compensation is Available in a Slip and Fall Case?
If you were injured because of a property owner’s negligence, our goal is to pursue the maximum compensation available under the law for all of your losses. This recovery is designed to make you whole again, at least from a financial standpoint. Can a Lawyer Help with this process by building evidence, negotiating with insurers, and pursuing your claim in court if necessary.
Compensation, also called “damages,” typically includes payment for:
- All Medical Treatment: This covers both your current and future medical care related to the fall. It includes everything from emergency room visits and hospital stays to surgery, physical therapy, and prescription medication.
- Lost Income: You can be compensated for the wages you have already lost and for the income you may be unable to earn in the future because of a long-term or permanent disability caused by your injuries.
- Pain and Suffering: This compensates you for the non-economic impact of the accident. It addresses the physical pain, emotional distress, and loss of enjoyment of life you have experienced. Severe injuries like traumatic brain injuries or hip fractures typically have lasting consequences that deserve significant compensation.
What If I Think I Was Partially at Fault?
New York follows a “pure comparative negligence” rule. In simple terms, this means you can still recover damages even if you were partially responsible for the fall. The court will determine your percentage of fault, and your total compensation award will be reduced by that amount. For example, if you were found to be 10% at fault for your fall and your total damages were $100,000, you would be able to recover $90,000. Do not assume you are barred from a claim just because you think you might have been distracted or clumsy. Let us investigate the full circumstances.
Frequently Asked Questions About Long Island Slip and Fall Claims
Do I need a lawyer if the store’s insurance already offered me a settlement?
Initial settlement offers are frequently far less than what your claim is actually worth. They are usually made quickly, before the full extent of your injuries and the need for future medical care are known. It is always wise to speak to a Long Island slip and fall lawyer about your options before you accept it or sign any documents.
What if there were no witnesses to my fall?
While witness testimony is certainly helpful, it is not required to build a successful case. Many falls happen without anyone else seeing them. A strong claim can be built on other forms of evidence, such as video footage, your own testimony, and physical evidence about the nature of the hazard itself (e.g., a dirty, wet floor suggesting a long-standing spill).
Can I still bring a claim if I didn’t file an incident report with the store manager?
Yes. While filing a report at the time of the incident is good practice, failing to do so does not prevent you from pursuing a claim. The most important things are to seek medical attention for your injuries, document what happened, and consult with an attorney promptly to protect your rights.
What does it cost to hire a slip & fall attorney for my case?
We handle personal injury cases on a contingency fee basis. This means you pay no upfront fees to our firm. We only receive a legal fee if we successfully recover compensation for you, either through a settlement or a court verdict.
My fall happened in the parking lot of a shopping plaza. Who is responsible—the store or the plaza owner?
Liability in a shopping plaza may depend on the specific lease agreements and property management contracts in place. In some cases, the individual store is responsible for the area directly in front of its entrance, while in others, the property owner or a management company is responsible for all common areas, including parking lots and sidewalks. We will investigate thoroughly to identify all potentially responsible parties to ensure you can pursue compensation from the correct entity. How Can a Lawyer Help in this situation by sorting out liability, gathering evidence, and making sure every responsible party is held accountable.
Your Path Forward Starts with a Conversation
The path to holding a negligent property owner accountable is clear, but it requires deliberate and timely action. You have legal rights that need to be protected, and as we’ve discussed, there is a limited time to assert them.
Take the first step toward getting the answers and the help you need. Call Rosenberg & Gluck, LLP today for a free, confidential discussion about your case at (631) 451-7900.
