Bronx Retail Store Accident Lawyer

Last updated on November 4, 2025

If you slipped or tripped and fell inside a retail store in New York, you may have a legal right to sue the store for your injuries. At MJP Injury Law, we help accident victims recover compensation for pain, lost income, and medical expenses after a fall inside a store.

What Legal Duty Does A NYC Retail Store Owe You?

Under New York law, retail store owners must keep their property reasonably safe for customers. That means they must fix or warn about hazardous conditions that could cause injury. As the Court explained in Basso v. Miller, store owners have a duty to maintain their property in a reasonably safe condition based on the likelihood of injury, the seriousness of potential harm, and the burden of avoiding the risk.

In addition to maintaining safe premises, stores must also warn customers of any dangerous conditions. Failing to fix or warn about hazards can form the basis for a negligence lawsuit.

When Can You Hold A Store Liable In New York?

You can hold a store responsible if it created a dangerous condition, or if a dangerous condition existed and the store knew or should have known about it and failed to fix it or provide an adequate warning. This includes both actual notice (the store actually knew about the hazard) and constructive notice (the store should have known because the condition existed long enough to be discovered).

Not every fall in a store leads to liability. To recover compensation, you must prove that the condition was unreasonably dangerous. New York law defines negligence as the failure to use the level of care a reasonably prudent person would use under the same circumstances. If there was no breach of duty, there is no liability.

Before a store can be found negligent, you must show that the condition that caused your fall was a defect, hazard, or trap—not just a minor inconvenience. Courts routinely hold that property owners must maintain safe conditions and fix or warn about dangerous ones.

Examples Of Dangerous Conditions In Retail Stores

Some common store hazards that courts have found to be unreasonably dangerous include:

• Spilled liquids
• Items or merchandise left on the floor
• Broken or cracked flooring
• Uneven or slippery steps
• Recently mopped floors without warning signs
• Wet restroom floors
• Boxes left in narrow aisles
• Unstable or collapsing shelves
• Poorly designed store displays
• Missing or broken handrails
• Sloped or uneven entryways
• Dangerous changes in flooring height or texture

How Do New York Stores Try to Avoid Responsibility?

Two common defenses that stores use to avoid liability are the “open and obvious” condition defense and the “trivial defect” defense.

The “Open and Obvious” Defense

Stores often argue that the hazard was so obvious that you should have seen and avoided it. However, New York courts have rejected this defense in many cases. Just because something is visible does not mean it isn’t dangerous. In fact, seemingly ordinary conditions—like a box in a cluttered aisle—can still create hidden dangers that a customer reasonably misses while shopping.

The “Trivial Defect” Defense

Stores may also argue that the hazard was too minor to be dangerous—for example, a small crack in the floor. But New York law does not require a hazard to meet a minimum size to be actionable. Even a small defect can be dangerous if its location, appearance, or surrounding circumstances make it likely to cause a fall. Courts examine factors like the size, shape, and location of the defect, and how it contributed to the accident. A hazard doesn’t have to be large to be dangerous.

Do I Need to File An Accident Report?

While it helps to report your accident to the store manager before leaving, you can still pursue a claim even if you didn’t file a report at the time. Some stores may try to avoid accepting reports, but that doesn’t affect your legal rights. If the store does accept reports, filing one helps establish notice and may protect important evidence like surveillance video.

Do Not Wait – There Are Strict Deadlines

If you fell in a retail store in New York, you must file a personal injury lawsuit within three years of the accident date. Waiting too long can prevent you from recovering any compensation, no matter how strong your case is.

Contact MJP Injury Law Today

Attorney Michael James Prisco and the team at MJP Injury Law have helped countless clients pursue justice after retail store accidents. If you fell inside a store and suffered injuries, call 718-709-9678 or use our contact form today for a free consultation. We will review your case and explain your legal options—at no cost to you.