Slip and Fall at the Shopping Mall

Slip and Fall at the Shopping Mall

If you suffered a slip and fall at the shopping mall, you may have a negligence or premises liability claim against the mall. A slip and fall at the shopping mall can lead to severe injuries, such as broken bones, traumatic brain injuries, or lacerations.

Crowded shopping malls, icy parking lots, and busy seasonal sales create a high risk for slip, trip, and fall accidents during winter.

Slip and Fall at the Shopping Mall

Every year, post-holiday sales send thousands of people to shopping malls for great bargains, but what they often come home with are serious injuries from sudden slip and fall accidents. The risk of injuries from slips, trips, and falls in busy shopping malls and parking lots peaks during winter more than any other time of the year. Up to 30 percent of people who suffer a shopping mall slip and fall end up with moderate to severe injuries including hand, wrists, and hip fractures, broken arms or legs, slipped discs, spinal injuries, and head trauma. Up to one-third of slip and fall victims are elderly adults, who frequently experience life-threatening injuries or permanent disabilities.

A rise in slip and fall accidents during the post-holiday season is because of many factors, like:

  • Large crowds of shoppers
  • Busy parking lots with increased traffic
  • Slippery pavement on sidewalks and parking lots
  • Highly-polished, hard-surface shopping mall floors
  • Spilled foods and liquids

Who’s Liable for a Slip and Fall at the Shopping Mall?

Large corporations commonly own shopping malls. These large corporations often profit by leasing spaces to individual stores such as small boutiques, large department stores, and restaurants. While individual stores are usually responsible for keeping their store areas clean and safe for customers, safety in public areas like parking lots and walkways, elevators and escalators, and public restrooms usually fall under the responsibility of mall management. Corporate property owners are responsible for the safety of visitors from the moment they enter the parking lot. Slip and fall accident statistics show the need to hold negligent shopping malls and other businesses accountable and reduce injuries.

Most slip and fall accidents that occur on public property fall under premises liability laws. If a property owner’s negligence causes injuries to a guest, the property owner is usually liable for damages. That said, proof of negligence is essential for payment on an injury claim. After a mall slip and fall injury, it’s important to report the incident to mall security and take photos of injuries at the accident scene. Regardless of the severity of the injury, a person must seek immediate medical attention and get copies of all medical expenses and records. With proper proof of injury, damages for medical bills, future medical care, lost wages, emotional distress, and pain and suffering can be recovered.

How Do You Prove Negligence in a Shopping Mall Slip and Fall Case?

Proving negligence in a shopping mall slip and fall case requires that you prove four elements:

  1. Duty of care
  2. Breach of duty of care
  3. Injury
  4. Causation

First, you must prove that the shopping mall owed you a duty of care. In most cases, everyone owes everyone else a duty of care to act as a reasonably prudent person under the circumstances. To its customers and patrons, shopping malls owe a duty of care to act responsibly in operating, managing, and maintaining the shopping mall. This might include using best practices and following the law. To prove that the shopping mall owed you a duty of care, you may only need to prove that you were lawfully on the premises.

Next, you need to prove that the shopping mall breached or failed to meet its duty of care. In other words, you need to prove that there was something that they should have done or refrained from doing but didn’t. This could be showing that the shopping mall failed to put up a “wet floor” sign, causing you to suffer the slip and fall at the shopping mall.

Third, you must show that you were injured because of the accident. For example, you might show that you broke your arm or got a concussion because of the shopping mall slip and call incident.

Finally, you need to show that there’s a causal connection between the shopping mall’s breach and your injury. It’s not enough that they failed to put up a “wet floor” sign, and you broke your arm. You need to show that you broke your arm because the shopping mall failed to put up a wet floor sign, for example.

A Shopping Mall Slip and Fall Lawyer May Help You Prove Your Case

The best way to help make sure you prove your case is to hire an experienced shopping mall slip and fall lawyer. An attorney may be able to help you gather evidence and call key witnesses, such as employees or managers. A slip and fall lawyer may also help you understand and ask for the types of personal injury damages that you can, based on your situation. Contingency fees are the most common type of personal injury lawyer fees. Contingency fees for lawyers usually mean that the lawyer doesn’t charge you up front cost or any legal fees. Instead, the lawyer receives a set percentage of your damage award if he or she wins or settles your case, and you receive a payout.

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