Yes. Under New York law, a business or store can absolutely be held responsible for injuries that happen while entering or exiting the premises. If you’ve slipped or tripped just outside the exit or entrance of a store, you may have a strong legal claim—and it’s not something businesses can avoid just because the accident happened “outside.”
At MJP Injury Law, we’ve helped injured clients throughout New York and New York City hold negligent businesses accountable for unsafe entryways, ramps, and walkways. In this post, attorney Michael J. Prisco explains how New York law protects customers using store entrances and exits—and when a business can be sued.
✅ New York Law Imposes a Duty on Stores to Keep Entryways and Exits Safe
Businesses open to the public have a non-delegable duty to provide safe access into and out of their stores. This means store owners can’t avoid responsibility by blaming someone else—like the landlord, contractor, or property manager—if someone is hurt while leaving the store.
This duty was made clear by the courts in cases like:
- Thomassen v. J & K Diner, Inc., 152 A.D.2d 421 (2d Dept. 1989): The court held that both the tenant (diner) and landowner were responsible when a patron fell on exterior stairs because they owed a common law, non-delegable duty to provide a safe way in and out of the business.
- Walsh v. Super Value, Inc., 76 A.D.3d 371 (2d Dept. 2010): The court emphasized that this duty applies even when the dangerous condition was created by someone else (e.g., a painting contractor).
- Blatt v. L’Pogee, Inc., 112 A.D.3d 869 (2d Dept. 2013): A business was held liable for a fall outside its showroom despite the hazardous condition being created by an independent contractor. Why? Because the duty to provide a safe means of entry and exit cannot be passed off to another party.
🛑 What If the Fall Happens Just Outside the Store?
Even if your injury happens just beyond the store’s door—on a ramp, step, or sidewalk directly outside—the store can still be responsible. Courts have held that it’s foreseeable customers will use the paths directly adjacent to the entrance/exit, and that businesses must ensure those areas are safe.
In Taveras v. 1149 Webster Realty Corp., 134 A.D.3d 495 (1st Dept. 2015), the plaintiff was injured on a ramp that led from the sidewalk to a store. The business argued it didn’t own the ramp—but the court rejected that defense. As long as the area is used for entering or exiting the store, the business is responsible for maintaining it safely.
⚖️ What If the Business Says It Doesn’t “Control” the Area?
This is a common defense—and it often fails. Businesses frequently argue they didn’t own or control the walkway where the fall occurred, but courts across New York have made it clear: that doesn’t matter.
Why? Because the duty to provide safe ingress and egress is non-delegable. This means it doesn’t matter who technically owns the sidewalk, ramp, or curb—if it’s used to enter or exit the store, the business can still be held liable.
As the court stated in Sarisohn v. 341 Commack Rd., Inc., 89 A.D.3d 1007 (2d Dept. 2011), a business “cannot escape liability by claiming another party created or maintained the hazard.”
📝 Real-World Example: Unsafe Exit Ramp at Grocery Store
In one case handled by MJP Injury Law, a customer exiting a grocery store slipped and fell on a ramp that lacked proper handrails. Despite the store’s claim that it didn’t own the ramp, our legal argument showed that:
- The ramp was used by customers to exit the store.
- It was foreseeable that the public would use the ramp.
- The ramp’s steep slope and absence of handrails violated safety standards.
Our position was supported by expert testimony and legal precedent, including Jean-Charles v. Carey, 217 A.D.3d 660 (2d Dept. 2023), and Swerdlow v. WSK Props. Corp., 5 A.D.3d 587 (2d Dept. 2004), both of which allowed similar cases to proceed.
📞 Injured While Entering or Exiting a Store? You May Have a Case.
Don’t assume a business can’t be held liable just because your fall happened outside the door. If you were hurt while entering or exiting a store, you may have a valid claim. At MJP Injury Law, we understand the legal standards that apply—and how to hold negligent businesses accountable.
Contact attorney Michael J. Prisco today for a free consultation. We’ll review your case, gather evidence, and fight for the compensation you deserve.
