Accidents can take place at the most unexpected places and a shopping mall is one of them. But you will be surprised to know that you can claim compensation for the injuries sustained during such a mishap. Shopping centers are often owned by commercial corporations that earn profit by leasing spaces. Hence, it is their responsibility to keep the business area safe for the customers who come to shop at stores. Apart from the mall itself, they are also responsible for the upkeep of areas such as elevators, escalators, walkways, restrooms, and parking lots. If you get injured in an accident at one of these places, the owner may be liable and you can claim compensation from their insurance company. Here are some facts that you should know for ensuring a fair settlement.
Common accidents and injuries at shopping malls
First things first, you need to understand when your accident would be considered as a shopping mall mishap. For example, a car accident outside the center or in its busy parking lot is not their responsibility. Rather, a slip and fall accident caused due to slippery floors, uneven floor mats, cracked pavement, unsecured electrical cords, and spilled drinks and food is regarded as the center’s fault. Similarly, you can consider them liable for incidents such as falling debris, faulty escalators, trampling due to inadequate security and assaults, and mugging incidents. The commonly reported injuries include bruises, scrapes, and cuts, leg injuries, back and neck injuries, head wounds, broken bones, and even traumatic brain injuries.
Understanding the liability for injuries
If you are injured in a shopping mall accident, you may seek compensation from different sources depending on your circumstances. These include:
- The owner or management company of the center if you get hurt in a common area
- The owner or management company of the retail store if you are hurt in a store
- Manufacturer of defective equipment or machinery such as an escalator company
- Private individuals
It is to be noted that you may have multiple claims in such accidents, which makes them more complicated than other personal injury claims. This is the reason you must consult seasoned personal injury lawyers while filing a claim. For example, you may have a claim against the shopping mall along with a secondary one against the retail store where the accident took place.
Download Branding Resources Guide
Building a brand starts by having the right tools and advice. Download our top 10 essential tools and resources to kick-start your branding.
Proving fault for your injuries is the key
Shopping center owners are obligated by state and federal laws to protect visitors on their premises. They are ultimately responsible for customer safety, which means that they hold a legal duty to protect them from injury. However, the liability extends only to the ones that are foreseeable. While filing a claim, you have to prove the foreseeable nature of the injury to make it a valid one. Unless you are able to do so, you cannot claim compensation. For example, failing to maintain the escalators can lead to injuries that owners can foresee and will be liable for. Conversely, they wouldn’t be responsible for the ones caused due to your own negligence.
Being aware of all these facts can make all the difference when it comes to claiming compensation for shopping mall mishaps. At the same time, you must have a good lawyer to help you get the fair settlement you deserve.
