Slip & Fall at The Mall
Michael Babboni
Premises Liability
Let’s say you and your family have a fun-filled day of shopping ahead at the local galleria. The plan is to buy clothes, home furnishings, maybe some tech gadgets – and there will definitely be a stop at the food court for sure. So what happens when your excursion gets derailed with an accident during your shop? What happens when you slip and fall at the mall???There’s a ton of slips waiting to slide you onto the floor at the mall, such as:
Fallen merchandise into aisles;
Debris from outside, like rocks, that has fallen on sidewalks or indoors;
- Torn carpeting/broken pavement;
- Malfunctioning escalator;
- Wet surfaces from rain; and
- Spilled drink/food.
Now proving your case in Florida requires the victim to provide evidence about the store and every entity who could be held responsible for the fall – which is why you need an experienced personal injury lawyer from the jump! You will need surveillance video, witnesses, photographs, maintenance records and anything else that can help corroborate your claim.
The next question is, who do you sue? There are several parties who operate within the mall who owe a legal duty of care to shoppers. Of course your lawyer will help you with this because there are a lot of “operators” in a shopping center who may be at fault for your injury. Under Florida law, all of the following parties must protect their “business invitees” from harm:
Store owners;
- Parking lot owners;
- Mall property managers; and
- Store operators.
The above parties have a duty to monitor the premises they control (aisles, walkways, lobbys) – basically anywhere shoppers can walk or have access to – to insure the areas are safe. If there are hazards or potentially dangerous conditions, the parties have a legal obligation to fix them within a reasonable time.
If a party who is legally bound to a shopper fails to meet a duty owed, and someone gets hurt while shopping, then the store and the shopping mall, as a whole, can be held responsible for the accident.
The injured shopper must then establish a link between the hazardous condition and the injury; and then that s/he suffered damages from that injury. The injured shopper may be entitled to damages such as, pain and suffering, medical expenses, and lost wages.
To truly get the best assessment of your slip and fall at the mall, be sure to contact Shapiro, Goldman, Babboni, Fernandez & Walsh. Our firm employs a team of lawyers dedicated to getting you justice. Schedule a free case review at lawyers@justicepays.com.