

If you were hurt in a Buffalo grocery store, you may have a premises liability claim against the store, its corporate parent, or the property owner. A supermarket accident can happen in the time it takes to reach for something off a shelf. One second you are walking through an aisle, and the next you are on the floor with a fractured wrist, a blown-out knee, or worse. New York law requires store owners to keep their floors safe for customers. When they do not, they can be held responsible for the resulting personal injury.
If your grocery store accident happened at a location in or near a government-owned building or on public property, a shorter deadline may apply. Do not assume you have three years. Call our slip and fall injury lawyers in Buffalo and find out where you actually stand.
Yes. New York premises liability law holds grocery stores and supermarkets responsible for maintaining safe conditions for their customers. That means clean floors, prompt spill cleanup, adequate lighting, and proper maintenance of the aisles, refrigeration units, and parking lots.
To win a personal injury claim, you generally need to show that the store created the dangerous condition, or that it knew about it and failed to fix it within a reasonable time, or that it should have known about it through regular inspection and maintenance. That last standard matters a lot. A spill that sat for forty-five minutes without a wet floor sign is different from one that happened two minutes before you walked by. Courts look at how long the hazard existed and what the store's routine inspection practices were.
Our supermarket slip and fall attorneys in Buffalo have handled grocery store accident claims at Tops locations on Niagara Street and Jefferson Avenue, at Wegmans off Alberta Drive in Amherst, at ALDI stores on Elmwood and Main Street, at Walmart Supercenters on Sheridan Drive in Tonawanda and Military Road in Niagara Falls, and at Price Rite locations serving neighborhoods on the East Side. The chains are different. The liability framework is the same.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Three years. That is the statute of limitations for most personal injury claims in New York against private defendants, including slips and falls at privately owned grocery stores and supermarkets. But evidence disappears faster than that. Video footage at grocery stores often gets recorded over within days. Incident reports get filed and buried. Employees who saw what happened move on. The sooner a supermarket slip and fall attorney starts working your injury case, the better positioned you are.
If the store is located in a government-owned building, or if your fall happened on a public sidewalk or in a publicly managed lot, a 90-day Notice of Claim requirement may apply before you can sue. This is a separate step that must happen long before a lawsuit is filed. Missing it typically destroys the claim against the government entity entirely.
Three years sounds like a lot of time. It is not. Our grocery store slip and fall attorneys move quickly because the evidence that wins these cases has a short shelf life.
They will almost certainly say that. It is one of the first things a grocery store's insurance company raises after a slip and fall injury claim comes in.
New York is a pure comparative fault state. That means even if you were partially at fault for the fall, you can still recover. Your compensation gets reduced by your percentage of responsibility. If a jury finds you twenty percent at fault, you collect eighty percent of your damages. You are only cut off entirely if your fault reaches one hundred percent, which is almost never the result in a genuine premises liability case.
Store owners and their insurers push comparative fault arguments hard because even a small reduction saves the insurance company money. "You were distracted." "You were wearing flip-flops." "You were not looking where you were going." Our injury lawyers in Buffalo have seen every version of this defense. The fact that a customer is not watching every inch of floor does not excuse a store from leaving unsafe conditions unaddressed or letting a broken floor mat go unrepaired for weeks.
Most supermarket accidents come down to one of two things: something wet on the floor that should not have been there, or a physical hazard that should have been fixed. Both are the store's responsibility.
The specific causes our Buffalo supermarket slip and fall attorneys see most often include:
Every one of these conditions is foreseeable. Store owners and their employees deal with all of them every single day. The question is whether they took reasonable steps to address them before someone got hurt.
The answer is not always as simple as "the store." Depending on the circumstances, several parties may share responsibility for a grocery store accident, and identifying all of them matters for the value of your personal injury claim.
The grocery store itself is the most obvious defendant. Management and staff are responsible for regular inspection of the premises, prompt cleanup of known hazards, and adequate warning when a hazard cannot be fixed immediately. A store with no inspection protocol, or one that has employees on record walking past unsafe conditions without acting on them, has a real liability problem.
The property owner is a separate potential defendant if the store leases the space. In strip malls and shopping plazas across Erie County, from the Elmwood Village shops to the Kenmore corridor and the big-box plazas along Transit Road in Lancaster, the landlord often controls maintenance of the parking lot, exterior walkways, and common areas. If you fell in the parking lot or on an exterior ramp, the property owner's responsibility may be different from the grocer's.
A third-party maintenance contractor may also carry liability. Many large chains outsource their floor care, snow removal, and exterior maintenance. When a contractor causes or fails to correct a hazard that leads to a slip and fall injury, they can be named in the claim alongside the store.

What you can recover depends on what the supermarket accident actually cost you, medically, financially, and personally. Slips and falls in grocery stores cause some of the most serious injuries our personal injury attorneys handle, including hip fractures, knee ligament tears, shoulder injuries, spinal disc damage, traumatic brain injuries, soft tissue injuries, and broken wrists from catching a fall.
Seek medical care immediately after a grocery store accident, even if you feel like you can walk it off. Soft tissue injuries and concussions do not always announce themselves right away. Gaps in medical treatment become ammunition for the insurance company later. Document everything.
Economic damages cover the financial losses you can document. Medical expenses, surgery costs, medical treatment and physical therapy bills, future care costs if your injuries are ongoing, lost wages during recovery, and lost earning capacity if the injury permanently limits your ability to work. These amounts grow fast when a grocery store accident results in surgery or extended rehabilitation.
Non-economic damages cover what does not show up on a bill. Pain and suffering accounts for the physical toll and the limitations you have lived with since the accident. If the fall changed what you are able to do day to day, affected your relationship with a spouse or partner, or left you with lasting anxiety about ordinary activities, those losses belong in the calculation too.
In cases where the store had clear, documented notice of unsafe conditions and chose to ignore them, or showed a pattern of disregarding safety practices, punitive damages may also be available. These are less common in slip and fall cases, but they are on the table when the conduct is bad enough.
Tops Friendly Markets has a legal team. Wegmans has one. Every major grocery chain in Western New York has an insurance company with adjusters and defense personal injury lawyers whose job is to pay as little as possible on claims like yours. They know how to investigate quickly, build a record that minimizes the store's fault, and approach injured people early while the facts are still unsettled.
That imbalance is real. Our personal injury law firm moves fast to counter it. We send evidence preservation demands to stores before video footage disappears. We pull inspection logs and maintenance records to find out what the store knew and when. We identify every party who may share responsibility for your grocery store accident. We track down witnesses before memories fade.
What changes for you when you work with our personal injury attorneys? You stop negotiating with an insurance company that is measuring your injury case against a settlement target, not against what you actually lost. You have injury lawyers who know how Erie County juries evaluate premises liability cases, who understand how New York's comparative fault rules play out in practice, and who are not interested in a fast check when a fair one is possible.
There are no upfront costs. Our Buffalo slip and fall attorneys handle these cases on contingency. If we do not recover for you, you owe nothing.
You went to the grocery store and came home hurt. That should not be the end of it. Rosenthal Kooshoian & Lennon, LLP is a personal injury law firm representing people across Western New York who were injured in supermarket and grocery store slip and fall accidents. Call today for a free consultation with a slip and fall injury lawyer in Buffalo.
Call us 24/7 at 716-854-1300 to speak with a personal injury lawyer near you, or contact us for a FREE consultation.
Our results are driven by personalized strategies that are hand-crafted to fit your needs.
You’re not just a client to us. You are our partner, and we would be honored to make you our next success story.
As former prosecutors and experienced attorneys, we can anticipate how your case will be handled by the other side and tactics insurance companies will use.