Going to the mall should be fun and enjoyable. But if these locations are not properly maintained, slip and fall accidents can occur, resulting in serious and debilitating injuries to a victim. While malls have a responsibility to ensure that the premises are kept in a reasonably safe condition for shoppers, liability can be complex. If a slip and fall at a mall occurs due to negligence, there are several parties who may be held responsible under New York’s premises liability laws.
Common Causes of Mall Slip and Fall Accidents
Most slip and fall incidents in malls arise due to a responsible party’s failure to maintain the property or remedy unsafe conditions properly. For example, slips and falls can be caused by poor lighting in corridors, spilled sodas, or rain tracked into a vestibule. They can also be caused by floor wax, flooring left in disrepair, or roof leaks.
Several other common causes of mall slip and fall accidents caused by negligence include:
- Food or beverage spills in food courts
- Uneven flooring
- Chipped tiles
- Worn carpeting
- Precipitation accumulation in vestibules
- Inadequate lighting
- Wet floors
Regardless of the cause, a slip and fall at a mall can result in serious injuries, including broken bones, nerve damage, traumatic brain injury, sprains and strains, knee damage, hip injuries, and paralysis. These injuries can require extensive medical treatment and result in time lost from work. In addition, you may also experience considerable pain and mental anguish. If you fell at a mall due to someone else’s negligence, it’s crucial to hold them accountable for the economic damages and pain and suffering you sustained.
Determining Liability if You Slip and Fall at a Mall
Not every accident case is straightforward. Determining liability for a slip and fall at a mall can be complex and depends upon multiple factors, including the location where the fall happened — and who owed a duty of care. In some cases, more than one party might be held liable for the injuries.
Potentially liable parties in a mall slip and fall accident can include the following:
- The mall owner — The owner of the mall has a duty to maintain the common areas in a reasonably safe condition for all who lawfully enter the property. They must ensure that all corridors, escalators, elevators, parking lots, restrooms, and food courts are free from foreseeable hazards. A property owner can be held responsible for slip and fall injuries if they knew or should have known of a dangerous condition that they failed to timely remedy.
- Individual stores — Individual stores in a mall have a responsibility to keep their premises in a well-maintained and safe condition. If a slip and fall accident happened in a store due to the tenant’s failure to timely address a dangerous condition that they knew or should have known about, they might be held liable for negligence.
- Cleaning company — Third-party cleaning companies can be held accountable for a slip and fall accident if they failed to carry out proper cleaning procedures. They can also be held liable if they knew of a hazardous condition they were responsible for cleaning, and failed to address it in a timely manner by remedying it or placing a warning sign.
- Maintenance company — Maintenance companies are often hired to upkeep the mall. If they had knowledge of a dangerous condition that they were responsible for repairing, and failed to do so, the company may be held accountable for any injuries that arise as a result.
In some cases, the liable party will try to place blame on a victim by arguing that their actions contributed to the accident. However, it’s important to be aware that under New York’s comparative negligence laws, a victim can still recover compensation even if they were partly at fault. Any monetary recovery awarded would be reduced by their percentage of blame for the accident.
Contact an Experienced New York Personal Injury Attorney
If you were injured in a slip and fall accident at a mall caused by someone else’s negligence, you may be able to recover your damages by filing a personal injury lawsuit. A knowledgeable personal injury attorney can advise you regarding your legal rights and fight for the maximum compensation available in your case. The Dearie Law Firm, P.C., has represented victims of negligence for over three decades and provides adept advocacy to obtain the best possible results in each unique case. Contact us today for a consultation.