Hurt While at a Shopping Mall or Store: What You Need to Know
- Dan T. Matrafajlo
- Mon Jun 2019
- Slip And Fall,
Your quest for bargains just became more expensive than you’d hope. Of course, it wasn’t your intention to get hurt at a shopping mall. Recovering from the embarrassment is one thing. How will you afford the mounting medical bills coming your way?
Consider this. While shopping at Jersey Gardens, you slip and fall on something wet in the common area of the mall. On closer examination, it appears to be water. Although you have no idea how long it’s been there, you overhear a conversation.
It turns out there’s a water leak in the area. As you listen, one of the kiosk vendors remarks that the slippery floor represented an accident waiting to happen. And, yes, the hazardous condition was reported.
You hurt your arm and elbow and just can’t wait to get out of the shopping mall. Thankfully, you have the foresight to make a report to security so that you have a record of the accident.
Meanwhile, your injuries don’t seem serious until the next day. You are in so much pain that you decide to go to the emergency room. When the x-ray report comes back, you learn you’ve fractured two bones in your arm. Consequently, the doctor places your arm in a cast and refers you to an orthopedic specialist.
To keep your premiums down, you chose high deductibles for your healthcare plan. Additionally, you also have no disability insurance and cannot work with your arm in a cast, so you incur a wage loss. Your head begins to spin. It gets worse when you receive a referral for physical therapy. Where will you come up with the out-of-pocket expenses?
Shopping Mall and Store Accidents
Unfortunately, slipping and falling in a shopping mall or store represents a common type of accident. You could also sustain injuries if there are issues regarding inadequate security.
Here’s what you need to know. A mall such as Jersey Gardens is considered a commercial property. There are laws in place regarding the way a commercial property must be safely maintained or repaired.
Building codes and local ordinances provide direction to property owners so that they can avoid allowing a hazard to occur, which can result in an injury. When you visit a store or mall, the law considers you an invitee of the business.
Circumstances Give You the Ability to Make A Claim
In New Jersey, the law considers a commercial property owner liable for any negligent activity which results in someone being injured on their property. The owner/landlord has a duty to make sure that the property is kept in a safe condition, not only for the building’s tenants but also for the general public.
In the case of a hazard causing an injury, it comes down to a few things. When an experienced premises liability attorney takes your case, they’ll need to prove a few things. One is that the property owner knew or should have known that there was a dangerous condition on their premises.
The problem comes your injuries are related to the failure to repair/remove or warn others of the hazardous condition. Think about our example. From all appearances, someone notified mall personnel of the water on the floor. The fact that it wasn’t addressed created a dangerous situation that led to your injuries.
Failing to perform proper inspection and maintenance of commercial property makes the landlord/owner negligent and responsible for the injured person’s damages in the event of an accident.
If you slip and fall in a shopping mall or store, we can help. The attorneys at the Law Offices of Beninato & Matrafaljo represent personal clients injured in these types of accidents. We believe that it is important to secure experienced legal advice in seeking a monetary award for your injuries, pain, and suffering. Contact us to see how we can assist you with your claim.