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I Slipped and Fell in a Shopping Mall and Was Injured: What Are My Rights?

Man and woman walking through a shopping mall with shopping bagsSlip and fall accidents in shopping malls and stores are more common than you might think. Wet floors caused by water tracked in from outside, chipped or cracked flooring, wrinkled carpeting, infrastructure leaks causing slippery surfaces – the potential dangers that may cause shoppers to slip and fall are endless.

If you’ve been seriously injured in a slip and fall accident at a shopping mall, you may be able to pursue compensation – but you’ll most likely need help from an experienced personal injury attorney to do so.

Here, we’ll delve into more of the details about what’s involved in pursuing a personal injury claim after a slip and fall accident in a shopping mall.

Pursuing Compensation After Sustaining a Serious Injury In a Fall at a Shopping Mall

In order to recover for injuries sustained in a slip and fall accident, the plaintiff (the injured person) must prove negligence on the part of the individual or company that owned or managed the property. The duty owed by premises owners and managers is to use “reasonable care” in preventing foreseeable harm to persons on the property. There must be proof that the defendant breached that duty and that this breach caused the plaintiff’s injuries.

These requirements apply whether the victim fell at a store, police station or the property of a homeowner. Sometimes it can be difficult to identify who is responsible for the management of the property.

Identifying At-Fault Parties in Mall Slip and Fall Accidents

In a shopping mall, there are individual stores which are typically leased from the mall owner. There may be a third-party maintenance company that has contracted with the owner or management company.

In most lease agreements, the store only has the right to possess and control the areas within their leased space; that being the area encompassed by the store itself. The management company or the owner of the shopping mall typically has the responsibility to maintain the common areas of the mall, including the entry ways, walkways and parking lots. Often, the management company will subcontract certain aspects of maintenance to other entities.

There are some instances where the store owner should be named as a defendant in the lawsuit. For example, if the store had control over a portion of the common area, such as if it contracted to display its merchandise in the common area of the mall, it becomes responsible if it creates a dangerous condition that causes injury.

Why You Need An Attorney To Help You Pursue Compensation

It is very important that a thorough investigation be done before an action is commenced, in order that as many of the proper parties be named as possible. An experienced personal injury lawyer can help to ensure that this occurs.

Additionally, during what is known as discovery during the lawsuit, it’s equally important that the right questions are asked, and that the right documents are obtained to ensure that all individuals and entities who should bear legal responsibility are included in the lawsuit. This is why it is so important to retain an experienced personal injury attorney who has the experience, resources and expertise to handle the case competently in order to obtain full compensation for injury and damages sustained by the victim.

Injured in a Slip and Fall Accident in Albany? We Can Help You.

If you have been involved in a slip and fall accident at a shopping mall in Albany or anywhere in the Capital District, you may be entitled to compensation. It is in your best interest to contact an experienced personal injury lawyer as soon as possible, even if you aren’t sure who was at fault.

At Anderson, Moschetti & Taffany, we have more than 90 years of combined experience handling personal injury cases of all kinds, including shopping mall slip and fall cases. We’ve received numerous accolades and honors and successfully achieved record setting verdicts and settlements for clients in the past.

Our experienced slip and fall accident attorneys have the legal knowledge and resources necessary to handle your case successfully. Our team will guide you and obtain full compensation for your injuries and damages.

Take the first step towards getting the compensation you deserve after being injured at a mall or shopping center in Albany, Saratoga or elsewhere in the Capital District and Upstate New York. Give us a call at (518) 785-4900, or complete our easy online contact form to schedule your free consultation with one of our attorneys. We will work hard to obtain full compensation for you or a loved one.

Editor’s Note: This content was originally published in 2014 but has been updated as of January 2018.

David J. Taffany

About David J. Taffany

Mr. Taffany is an personal injury lawyer and a founding member of Anderson, Moschetti & Taffany, PLLC in Albany. He specializes in all types of personal injury and wrongful death cases, including complex medical malpractice, products liability and labor law. Read More About David J. Taffany »