Many companies often state that safety for their customers and employees alike is their top priority and for good reason too. Without a safe environment, most customers would avoid a business like a plague! Companies also make this statement for legal reasons. To keep people protected in addition to holding businesses accountable for safety maintenance, whenever a patron or employee is injured on the premises, the business can and will be held liable for damages if proper precautions were not taken.
The most common safety incident for most businesses is when a customer slips and falls while injuring themselves in the process. Due to premises laws, the store or restaurant the fall occurred in is the primary defendant. In the case of a slip and fall in a shopping mall, however, this answer is more complex. This is since a mall is comprised of many businesses and therefore with different owners, legal coverage among many other things.
When it comes to liability, the first thing that must be determined is whether or not the mall was negligent in causing the slip and fall. This is determined by evidence gathered by a personal injury lawyer. Evidence such as CCTV footage, eyewitness accounts, and medical records documenting and detailing an injury to name a few things. Next, if the mall does not have wet floor signs or other precautions taken to prevent slips and falls then they will be held liable for the damages. Going into further detail, another question asked is wherein the mall did the plaintiff in question slipped and fell at.
This question is the most important because it decides who in the mall particularly shoulders the most blame. If the fall occurred in a common area such as the main corridors, food court, walkways, or parking lot then the mall itself is liable. If the slip and fall occurred in a particular store, then either or even both the mall and the specific store could be held liable. If the fall occurred on an escalator or in an elevator, then the manufacturer or the maintenance company could be held liable. These specific details are precisely why it is crucial to determine the defendants in a potential lawsuit.
If the mall is liable for where the slip and fall occurred, then the next thing you should do is received medical attention. This is not only for health reasons but also for legal documentation and possessing the necessary medical records to proceed with litigation. Upon the medical visit, seeking out a law firm especially one that specializes in personal injury cases is the next best step then allowing the lawyer to do their job and gather evidence to build a case.
Once the case is built and ready for presentation in civil court, the judge oversees both your legal team and the mall’s legal team as a jury oversees the case and gets the final determination whether or not the mall is truly at fault. It is also worth noting that many of these cases where slips and falls occur in the mall do not even make it to trial due to personal injury settlements worked out by both sides often close most cases. Personal injury settlements average at around $105,000 and are often enough to satisfy both parties in the sense of you, the defendant, and your legal representation being compensated and the mall for not having to lose even larger sums of money. When considering a settlement, one must look at the entire picture of things. There are also many cases where taking a case to trial does more harm than good for the defendant as the plaintiff wins the case and pays out little to nothing at all or where the defendant loses a lot of money going to trial to where the court settlement is worth a lot less money than what was initially offered in the out of court settlement.
While there is a legal precedent set with personal injury cases, keep in mind that every case is different and therefore various things such as true liability and settlement amounts may vary wildly. For more information about liabilities, you can ask for a consultation to our highly experienced attorneys in Falk Lawyers located in South Florida.
