Shopping malls experience a heightened risk of injuries during sales and promotions. Here are examples of such injuries and the potentially liable parties.
Parking Lot Injuries
You can treat an auto accident in the parking lot like a normal car accident, a premises liability issue, or both. A parking lot crash is just a normal auto accident crash if it only involves negligent drivers but not the shopping mall management. For example, a drunk driver who crashes into your car because of impaired driving is solely responsible for their actions.
However, you may hold the shopping mall liable for injuries their management should have foreseen or prevented. Here are some of the cases in which a shopping mall may be liable for injuries on its parking lot:
- The parking low was full of potholes, and the potholes caused the accident.
- The parking lot was dark, and the darkness contributed to the accident.
- The parking lot signs were nonexistent or illegible.
- A stray shopping cart in the parking lot caused the accident.
Various parties may be liable for your parking lot injuries. Consult an attorney to examine the circumstance of the accident and advise you on the parties to hold liable.
Watch out for trampling injuries if a store manages to attract a huge crowd to its premises. You may lose your footing and fall, or other shoppers may push you out of the way and cause you to fall. While on the ground, other people may step on your body and cause you skin lacerations, joint sprains, and even fractures, among other injuries.
Anyone who deliberately pushes you and causes you injury should compensate your injuries. A common difficulty here is to identify the exact person who pushed you to the ground. However, the shopping mall may also share some of the blame for your injuries. For example, the mall may be liable for your injuries if it did not provide adequate crowd control for the day.
Slip and Fall Injuries
Many of the factors that cause slip and fall accidents worsen during a shopping rush. For example, the floor may be slippery if shoppers spill things on it, and the floor may also be full of litter, packaging, or other items people may carelessly toss. The shopping mall attendants may also have their hands full with the crowds and forget to clean the slip and fall hazards.
Slip and fall accidents are typically the liability of premises owners or occupiers. However, you still need to prove that the owner or controller owed you the duty of safety and failed to meet that duty. For example, you may have to show that the shopping mall could have dried the floor and prevented your accident but did not do so.
Some shoppers can fight you over discounted merchandise, particularly if the merchandise is available in limited quantities. In such a case, you can use assault and battery to lodge a civil claim or lawsuit against your attacker. If the authorities charge the attacker with criminal assault and battery, you can use the criminal case as evidence in your civil lawsuit.
Again, some situations may still make the shopping mall liable for your assault injuries. For example, a shopping mall that doesn't provide adequate security or lighting may be liable for the injuries such failures may create.
Several parties may be liable for your shopping injuries. Don't forget that you only have a chance at full compensation if you identify the right parties responsible for your injuries.
If you have suffered from shopping mall injuries, consult Scholtens & Averitt for a free initial consultation. We will help you identify the liable parties and help you get the compensation you deserve.