“Slip and Falls at Stores or Malls” — What to do; What to know

The Winter of 2026 has been riddled with unprecedented snow falls, winter storms, frigid temperatures, and icy conditions; all combined for what proved to be a “recipe for disaster” for “slip and fall” occurrences.

Albeit, most commercial establishments, shopping centers, malls, etc. allege to put forth a maximum effort when it comes to assuring that the snow, and subsequent ice patches, have been satisfactorily removed and contended with (as far as their parking areas and walk ways are concerned), these assertions are not always evident based on the actual condition of the parking lot and/or walk ways.

Store goers and patrons proceed with the notion that they are not in harm’s way as far as their mobility is concerned, and although they proceed with caution and are attentive to the conditions, nevertheless, certain times, the unfortunate occurs where a particular area that was “inadvertently” not cleared, or in the alternative, was initially cleared, but subsequently “left alone” to allow for ice to accumulate, results in an individual “slipping and falling” often times subjecting themselves to considerable physical (and certain times psychological) injuries and damages.

From a legal analysis, a commercial establishment owes a “duty of care” to its patrons to assure that the parking and walking areas directly under their control are safe (free from ice, snow, cracks, concrete/blacktop up-heaves, etc.) assuring that patrons can freely navigate absent the potential for harm. When an establishment is remiss in this regard and breaches this “duty of care,” and that breach results in “actual and proximate damages” to an individual as a result thereof, the establishment can be subjected to a claim for “negligence.”

In response, the establishment will naturally rebut such a claim and assert that they fulfilled their duty of care and were in no way negligent or devoid of their responsibilities; that the area in question was satisfactorily cleared/cleaned, and that the individual themself was responsible for any/all alleged damages/injuries that they sustained.

For an individual to “prevail on the merits” in their lawsuit/cause of action (for negligence), they must “fulfill their burden of proof,” where they must demonstrate “beyond a preponderance of the evidence” that the establishment more likely than not breached their duty of care, and said breach resulted/caused the damages to the individual.

The question(s) become: “Can the individual fulfill this burden of proof?” “How does he/she intend on doing so?”

It is not enough to simply allege that “but for” the ice, snow, etc., that the “slip and fall” would not have occurred. In addition, even if there was a “slip and fall,” did the individual sustain any actual damages/injuries? Did the individual fail to proceed in a responsible manner as a “reasonable person” and cause/contribute to their fall by running, etc. Is it possible that the individual already suffered from an existing ailment, and the slip and fall simply aggravated a pre-existing condition? Could it be that the individual altogether “staged” the incident in a primitive attempt to “manufacture a crisis” for a “money grab?”

The prudent and best practice whenever a “slip and fall” occurs is to assure that proper due diligence occurs at the time of the incident. If there are witnesses to the fall, be sure to obtain their contact information so, if need be, they can validate what actually transpired. In addition, be sure to take detailed photos of the area, as well as video. (Although these establishments presumably have surveillance video, they may be inclined to be “selective” in what they choose to provide, and if you do not have your own “footage,” you may end up having to subpoena these items during a lengthy “discovery” stage of litigation, as opposed to having the evidence “readily available.” And who is to say the establishment claims that their camera “wasn’t working that day.”)

Also, be sure to immediately notify the establishment of what transpired and have them complete a detailed “incident report.” You should proofread the report that is written to confirm the accuracy of the details reflected therein and take a copy. This report will be admissible evidence. You should also inquire if “anyone else fell in this parking lot or in that particular area.” If you are experiencing any pain or discomfort, you should go to an Urgent Care or even hospital to have the injury documented.

It can certainly be presumed that one may be in a compromised physical/mental condition/state at the time of the incident, where the last thing on anyone’s mind (if you are even physically capable of doing so) is to conduct discovery or “information gathering.” Nevertheless, if someone is with you, they can undertake to do so; or you can ask a witness to assist in this regard.

After the incident, if you are still experiencing pain, etc. be sure to “continue with your treatment.” If you have any pain, (and it has not diminished), and you subjectively elect to “stop treating,” that can be construed as if you did not sustain actual injuries. *As a caveat, if you are not actually injured, and are not in true need of any treatment or medical attention, and are falsely engaging the services of a medical care professional simply “looking for a money grab,” such activity can result in serious legal consequences… for the provider, as well, if it is discovered that he/she was aware that no true injury existed.

If the nature of your injury is to the extent where physical therapy, or even surgery is required, be certain to assure that all your medical treatments, visits, appointments, tests, and history are well documented so that if/when medical records are required, they are readily available.

In addition, if you had a pre-existing condition that was possibly aggravated by this new “slip and fall,” that does not mean that you are not entitled to recover for damages; it simply means that the amount of damages may be diminished/offset as a result of this circumstance. Be certain to advise your treating care provider if there was any prior history of injury sustained. The opposing side will certainly be investigating this, and you do not want it to be discovered that you intentionally withheld this information.

Reverting to the legal analysis, the Statute of Limitations to sue for Negligence in New York State is three (3) years from the date of the injury. Paramount should be your focus on treating and getting well. You have time to contact an attorney so that your rights are protected and promoted, and that you are indemnified if it can be proven that the establishment’s negligence was the proximate cause of your injuries.

Lastly, if/when you engage the services of an attorney, any potential settlements, lawsuits, or the like will almost always not be taking place with the establishment, per se, but rather with their insurance carrier. I have had clients who were “hesitant” to seek restitution where fault/liability and damages were clearly established for fear that they would be “hurting the business of a place they have been shopping at for years.” Absent exigent circumstances, the establishment itself will not be placed in a direct precarious financial situation.

As the saying goes, “you can never place a price on one’s health and safety.” The last thing anyone would want to encounter is an event that could result in injury. Nevertheless, if/when this regretful situation does unfortunately present itself, be sure to be informed as to how to proceed so that your rights and entitlement are in no way compromised.

 

 

DISCLAIMER: THIS ARTICLE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE RELIED UPON AS LEGAL ADVICE. NO ATTORNEY CLIENT RELATIONSHIP IS CREATED BY THIS PUBLICATION. AN INDEPENDENT LEGAL OPINION SHOULD BE OBTAINED BY THE READER.