Shopping malls provide many types of activities, whether it be shopping at your favorite stores, eating at a new restaurant, or allowing your kids to play in a common area mall playground. However, sometimes things can go wrong and you or a loved one can get injured in a mall while enjoying your day. Premises liability laws are meant to protect you and direct you to the at-fault party when you are injured on someone else’s property. The property owner can be found liable for your injuries and you can sue them under a shopping mall accident claim.
What types of accidents occur in shopping mall accidents?
A shopping mall can involve many various types of injuries, one common one being a slip-and-fall accident. These can result in broken bones, bruises, cuts, scrapes, and more. On very popular days, such as Black Friday, the shopping rush may be enormous, causing stampedes and a possible trampling injury. One can sustain harsh crushing injuries from the foot traffic and be seriously injured. A defective escalator or elevator can cause a range of issues also. Perhaps most frightening to some is the possibility of getting mugged out in the parking lot. This would likely happen when it is dark outside and you can incur serious losses from this type of accident. Shopping malls should have as many bright lights as possible outside to help mitigate that danger. It is important to try and document the incident through photographs and speaking to witnesses so that you can make a stronger case for yourself.
Who is liable?
Within a mall, stores or restaurants are responsible for your safety while you are within their area. The corporation owning the mall is responsible for your safety in the more common areas, such as the parking lot, elevators, escalators, or throughout the mall’s walking paths. The corporation should also be ensuring that each store is up to standard. If it was a faulty machine or aspect of the mall that caused your injury, such as a faulty escalator, you may be able to sue the product manufacturer. Depending on where the accident occurred, your attorney will assist you in establishing who the defendant responsible for your injuries is.
Part of the duty that malls must honor is to keep regular inspections and safety checks of every aspect of their property so that its visitors are safe. Foreseeability is also a component to these cases. If an accident was foreseeable due to past occurrences or the environment, then you may have a stronger case since they did not make the special effort to prevent it again.
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