Table of Contents
Introduction
If you get injured in a shopping mall due to negligence or wrongdoing of someone, you may be entitled to compensation for your suffering. There are different types of accidents that happen in a mall; however, the most common is slip and fall accidents. To determine who is responsible for the mall injury and to gather evidence to support your case, you can hire an experienced personal injury attorney. Before that, you can continue reading to get a basic understanding of who is responsible for a mall injury.
Common shopping mall accidents
- Criminal Attacks: Crimes such as mugging and assault are common in malls and usually occur in areas with less security.
- Slip and Fall Accidents: Unsafe floor conditions, such as a wet or uneven floor, could lead to slip and fall accidents.
- Escalator or Elevator Accidents: People use facilities such as elevators and escalators in shopping malls. If these facilities are not properly maintained, it could lead to injuries.
- Parking Lot Accidents: From minor fender benders to pedestrian accidents, car accidents are common in mall parking lots. Criminal attacks can also occur in these areas as they can have limited security.
- Falling Objects: Improperly stacked equipment or merchandise, broken ceilings, or poorly installed banners and signage could fall and cause injuries in a mall.
- Overcrowding: Shopping malls are generally very crowded places, especially if there is a specific event or holiday sale. Customers can suffer injuries in overcrowding accidents if malls do not have adequate security to manage a crowd.
- Staircase Accidents: Lack of handrails or broken staircases could also lead to serious shopping mall accidents.
Establishing liability
It is natural to think that if you get injured in a shopping mall, the mall management would be liable for your damages. However, each accident case is different. In some cases, there can be multiple liable parties.
Typically, the mall management would be responsible for any accidents in common areas, such as walking outside stores, all exits and entrances, and the parking lots. Therefore, it is the shopping mall management’s responsibility to take notice and clear the common spaces of any hazards to ensure the safety of all people in the shopping mall. In some cases, it can be cleaning, security, janitorial, or maintenance companies responsible for injuries in common areas.
On the other hand, owners of retail stores in the shopping mall can be held liable for any accidents that happen in their store. This includes slip and fall accidents.
The manufacturer could be liable if any defective equipment or machinery caused the accident, such as faulty escalators or elevators. Similarly, if the accident resulted from faulty repairs, the maintenance company responsible for such repairs would be responsible for the damages if it may require an investigation to determine liability in a mall injury.
What should I do if I get injured at a store in the mall?
After the accident, your first priority should be seeking medical attention to treat injuries. Once you have received the required medical attention and are in stable condition, you can gather evidence for your personal injury claim. You should locate the store’s owner or manager, get their information, and check if they are willing to cooperate. You should also talk to the eyewitnesses and get their statements. Gathering as much evidence as possible, including taking photographs of the accident site and your injuries, can help reinforce your claim. A personal injury lawyer can help you establish liability for your mall injury and to help you pursue the best legal court of action to get full and fair compensation.
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