If I slipped because of a puddle on the floor of a store, can I sue?

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If I slipped because of a puddle on the floor of a store, can I sue?

I fell and am sore but don’t think that I broke anything. I’m just mad since I think that they knew about the puddle but didn’t clean it right up.

Asked on March 3, 2019 under Personal Injury, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In order to bring a claim for a personal injury there must be a harm that was suffered due to the negligence (or intentional act) of another. In your case, the store may (or may not) have been negligent in getting the puddle immediately cleaned up. However, you may not have suffered an injury as a result of the fall (other than a little soreness). Additionally, assuming that you were hurt, you must also prove that the store was in fact negligent regarding the incident. For example, what caused the puddle? If fit was due to a leaky pipe or if the floor had just been washed and the store knew or should have known of the condition, then not immediately mopping the puddle up was not following a reasonable standard of care. If, however, that was not the case, then you may be unsuccessful in making a winning a claim. It all depends on the specific facts yor situation.


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