What are my rights if I slipped on a toy in a supermarket and injured myself?

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What are my rights if I slipped on a toy in a supermarket and injured myself?

I lost my balance i put my hand up to catch myself on the shelf and as I did I twisted my back and injured it. The manager brought me a chair to sit in for 15-20 minutes to gain my composure and took my details and wrote an incident report.

Asked on April 5, 2015 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

IF the toy had been on the floor long enough that the supermarket should reasonably have known it was there and picked it up, then their failure to do so would have been negligent, or careless, and they could be liable for your medical costs and, if you suffer weeks or months of disability or impairment, some amount of "pain and suffering" as well. However, if the toy had only been there for a few minutes, or if you had knockec it on the floor, then they would not be liable, since in that case, they did nothing wrong (were not careless). Note that even if they are in the wrong and would be liable, if they won't voluntarily pay you, you'd have to sue them to recover money, and that might or might not be worthwhile, depending on the extent of your injuries and medical bills.


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