August 7, 2014


There was ice cream on my shoes and some people offered me tissue while I was lyin down on the floor my leg hurt a bit but I was able to stand up after few minutes I am not sure what to do next the old guy asked me if im okay I said I am fine but not sure if I should have asked them to call someone or should have file a claim can I file a claim? It happened in rockefeller underground way near the gamestop but I think there s a ice cream store there somewhere too please advise if I can file a claim I was really embarrassed thats why I told them im fine and left but was sitting there for more than 5 minutes till my leg felt ok


Without an actual injury you wouldn't have a claim. Embarassment is not enough. If you do have a physical injury - that you received medical treatment for - you'd still have to establish - at least - that the ice cream was on the ground for a sufficient period of time that it should have been discovered and cleaned up by the cleaning crew. I'm guessing some kid probably dropped their ice-cream and left it there. Maybe a surveillance tape would help, but you'd have to act quickly, as they routinely get wiped. The ice cream store would not likely be liable merely for selling the ice-cream. They're not required to follow customers to make sure they don't drop it and/or clean it up, beyond their own premises.

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