Shopping Mall Injuries

After a shopping mall accident, you may receive conflicting information from the store, mall management, and their insurance companies. Identifying who was responsible for the unsafe condition can be challenging.

When Is a Mall or Store Responsible for an Injury?

Businesses that invite shoppers onto their property must take reasonable precautions to prevent injuries. For example, inspecting customer areas, maintaining equipment, correcting hazards, and providing warnings until a repair can be completed  The liable party depends on where the accident happened:

• A retailer may be liable for an injury on its sales floor, in fitting rooms, storage areas, or caused by merchandise displays.

• Mall management is commonly held accountable for injuries on shared walkways, in food courts, restrooms, elevators, escalators, and parking areas.

• Cleaning companies, security providers, and equipment contractors may also be held accountable for failures caused by their work.

A claim must show that the business created the danger or knew, or reasonably should have known, about it in time to respond. Proving that the business knew about the problem may be unnecessary if an employee created the hazard. On the other hand, if another customer caused the condition, it generally must have existed long enough for a reasonable inspection to have found it.

What If the Insurer Blames You?

An insurer may argue that you were distracted, carrying too many bags, or ignored a warning. California’s comparative negligence system allows you to recover compensation when you share responsibility, although your percentage of fault reduces the amount.

For example, an award of $100,000 would become $80,000 if you were assigned 20 percent of the blame. The percentage can be disputed during settlement negotiations. If the insurer will not agree to fair compensation, you can file a lawsuit to have a jury divide responsibility.

What Compensation Can You Recover?

A shopping mall injury claim may include:

• Medical care: Emergency treatment, surgery, follow-up appointments, rehabilitation, medication, and future care related to the injury.

• Income and practical losses: Missed wages, reduced earning ability, transportation expenses, and paid assistance with household tasks.

• Pain and suffering: Physical pain, emotional distress, scarring, reduced mobility, and interference with daily activities.

Medical opinions and employment records can establish losses. The amount you can recover also depends on the expected recovery, lasting limitations, and available insurance coverage.

When the Businesses Point at One Another

The mall owner, retailer, contractor, etc. may each argue that another company is responsible for your losses. A Riverside premises liability attorney can examine leases and service contracts, and review or collect evidence to determine who is at fault.

They will then notify every applicable insurer and negotiate for fair compensation. If a company withholds information or their insurer refuses to settle for the amount you deserve, your lawyer can proceed with filing a lawsuit.

Discuss a Shopping Mall Injury With Hanson & Mouri

Hanson & Mouri can identify the businesses responsible for the accident, estimate your losses, and pursue compensation on your behalf. Find out what options may be available in a free consultation, call (951) 688-0006 or contact us online today.