Do I Have a Case if I Trip in a Mall?
Mall owners and maintenance companies owe a duty of care to those visiting the property. A slip and fall lawyer can fight for your rights in case of foreseeable accidents. Here is what determines whether you have a case if you trip in a mall:
Duty to Care Breach
Shopping mall operators have to regularly inspect the premises for hazards. Poor lighting in stairwells and failure to clean up spills constitute a breach of duty. If you trip due to their negligence, you can file a claim. In this case, a trip and fall lawyer proves the breach of duty of care. They demonstrate that the operator knew about the hazardous condition but failed to rectify it. Lawyers use surveillance footage and incident reports to establish this breach.
Fall Cause
The specific cause of your fall determines the strength of your case. Potential causes include spills, unsecured electrical cords, and broken steps. If the mall operator fails to address these issues, your claim of negligence is strengthened. To build a strong case, your slip and fall lawyer documents the cause of the fall. They use photographs and similar incident reports that have been made to the management team. Security camera footage, if available, can demonstrate how the fall occurred.
Negligence
Negligence is the failure of a mall owner to exercise a reasonable level of care. These habits potentially lead to harm or damage to another party within the premises. If you trip due to escalator malfunctions or fallen merchandise, the mall is considered negligent. Mall operators need to take reasonable precautions to prevent accidents. When pursuing the case, your lawyer demonstrates that operator negligence directly caused your injuries. They show that the mall failed to take action to remedy the dangerous condition.
Injury Severity
The severity of injuries that you sustain in a trip accident impacts your potential compensation. Fractures, spinal cord damage, and traumatic brain injuries indicate a greater negligence level. The case is stronger if the injuries need extensive medical treatment. Injury severity affects the financial implications of your case. Severe injuries may need surgeries, rehabilitation, and ongoing treatment. If the injuries prevent you from working, you can get a settlement for lost wages. Severe injuries cause mobility issues or chronic pain that affects your quality of life. When pursuing a claim, your lawyer conveys the effects of these traumatic challenges.
Security Report
A security report created after your fall serves as evidence when determining liability. The security personnel in malls respond to fall incidents and document the event. They include the time of the incident, location, hazard description, and witness statements. These reports provide an account of what occurred and confirm the existence of hazardous conditions. Prior complaints about the issue demonstrate the mall’s knowledge of the risk and if any precautions were implemented. The report may contain information about the mall’s response to the situation.
Witnesses
A witness can help establish the facts surrounding your trip and fall incident. Eyewitnesses provide testimony regarding the conditions during the incident, including potential hazards. Their accounts help clarify the sequence of events and support negligence claims against the mall. Your lawyer contacts witnesses as soon as possible to obtain their accounts of events. They secure written statements to avoid altering the information provided. A reliable witness could be someone who is familiar with the mall environment and structure, as well as the fall situation.
Learn More About a Slip and Fall Lawyer
A trip case can be mediated out of court or it may go through trial. Experienced slip and fall lawyers guide you through making a statement and answering questions. Contact a reputable lawyer to learn more about their services.
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