Receiving Compensation For A Slip And Fall Accident in A Shopping Center
How much is your slip and fall accident worth in a shopping mall? Find out below.
September 9, 2020
Shopping centers are very busy places and like in any other public space, accidents happen. The most common shopping center accidents are slips and falls. These accidents happen in parking lots, sidewalks, and uneven pavement. These are conditions that have to be foreseen by the shopping center owners and if they fail to address them and you get injured, then you might be entitled to get compensation. Read on to understand how you can get compensation for a shopping center slip and fall.
Responsibilities of a Shopping Center to Its Customers
Shopping center owners and their management employees have a duty to their customers to keep the mall in a safe condition and to warn their guests of known hazards. They often hire third-party companies like cleaning services or snow removal companies to keep the shopping center common areas safe and in clean condition. Here is a list of the duties shopping centers have to their customers:
- Maintaining floors dry, clean, and free of spills
- Repair of hazardous floors, stairs, escalators, and elevators
- Repair of cracks and potholes in sidewalks and parking lots
- Maintaining parking lots and sidewalks free of snow and/or ice
- Hold warning signs or roping off hazardous conditions
- Providing adequate lighting inside the shopping center and in parking lots
- Have procedures to identify dangerous conditions and fix them
At the same time, the restaurants and shops within the shopping center have their own duties to keep their establishments safe for customers and they have to warn them if there are any hazards.
Common Causes For Slip and Falls in Shopping Centers
Due to a large number of people at shopping centers, slip and fall hazards are very common when the owners breach their duty to their customers. Here are some of the main causes for people getting injured in slip and fall accidents in shopping centers:
- Cracked flooring
- Torn carpeting
- Spills of food and drink
- Wet and slick entrances due to snow, ice, and rain
- Inadequate lighting
- Slippery floors due to recent cleaning
- Broken stairs or handrails
- Malfunctioning escalators
- Debris and merchandise in aisles
- Electrical cords that are not properly secured
- Cracks and potholes in asphalt
- Snow and ice on sidewalks and parking lots
Common Injuries Of Slip And Fall Accidents In Shopping Centers
The injuries most commonly reported that have happened in shopping centers due to slip and falls are:
- Back Injuries
- Neck Injuries
- Head Wounds
- Broken Bones
- Knee Injuries
It’s because of this that wet floor signs are very important for shopping center owners. While these signs don’t protect completely the business from liability claims, they show an attempt to prevent the aforementioned injuries. This attempt can be used as a defense for the owners to prevent paying higher compensation to slip and fall victims.
Who Is Liable For Injuries In A Shopping Center?
So, let’s say you have suffered injuries from a slip and fall in a shopping center. Who is going to pay for them? It all depends on the circumstances of your injuries but, you might be able to receive compensation. If you got injured in a shopping center, the shopping center owner or management company could be responsible. However, if you got injured in an escalator, the escalator manufacturer or company is responsible if the escalator was faulty.
In reality, you may have not one but several claims for your injuries. In case you were injured inside a retail store, you need to seek compensation through them, then through the shopping center. The same goes for getting hurt in an escalator or elevator. You must reach out to the escalator/elevator manufacturer or company as well as the shopping center,
Receiving Compensation for Slip and Fall Accidents in Shopping Centers
As we discussed above, you can seek compensation for a slip and fall in a shopping center, even from multiple parties. However, you must prove they were at fault in order to build a successful claim.
Other Party’s Negligence
The core of personal injury law is proving the other party’s negligence. It centers on a duty of care that the other party owes the other. For example, the shopping center owner and employees are responsible for maintaining the premises safe, clean and risk-free for their customers. If they fail to do so, it is called a breach of care. In this case, negligence occurs when this duty is not met because of inattention from the owner or employees.
To be able to prove this breach of care you need to record information after the accident. The more quickly the better. In the case of shopping center accidents, you need to take note of your injuries, talk to the people around you and gather any witnesses. Make sure you exchange contact information to get every detail of their testimony. It’s very important to collect your medical records from your health provider. This will help you when you seek compensation for your injuries.
You can get compensation that can cover your medical expenses, lost wages and even non-financial damages like pain and suffering.
Working with a Slip & Fall Attorney In Las Vegas
Seeking compensation for a slip and fall injury in a shopping center can be a complicated and intimidating process. Working with a Las Vegas experienced personal injury lawyer can help you build a successful claim. At Cogburn Law, we know how to navigate liability in these types of cases, this way you’ll be able to file your claim against the negligent party.
Call today at (702) 748-7777 for a free consultation to learn if you have a case and what we can do for you.
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I was on vacation with my family in Las Vegas on March 2019. On our 2nd day, I was walking through the lobby when I slipped and fell. My left arm broke my fall but my wrist swelled up almost immediately. I went to the Valley hospital emergency room and was seen to. I could move my fingers so I didn’t want the trouble of an X-ray or the cost of it. It was severely sprained. For the next 3 days, I could not carry or lift anything. The hotel staff was very accommodating but when they started to ask me to sign papers regarding the injury I got worried. I spoke to Alex at Cogburn Law who urged me to sit still and wait. They arrived within 20 minutes and looked over the documents and advised not to sign. From there they looked after everything. After returning home I was kept in the loop of everything. Within a few months, I received a check that covered my medical bills and more and I’m so happy I made that call! They really care for you! Thank you, Alex & Jamie!