If you are like many Americans, you probably do a fair amount of shopping online. Yet shopping malls still play an important role in many communities around Long Island. People flock to malls to get a bite to eat, shop, and socialize. While malls can be a great place, they also present an increased risk of slip-and-fall injuries.
Shopping malls are often large, multi-level structures filled with dozens of stores. A patron who falls because of a hazard like a wet floor or merchandise in the walkway may suffer serious injuries. Our Long Island slip and fall accident attorneys will fight to get you maximum compensation for your lost wages, medical bills, emotional distress, and other losses.
The Odierno Law Firm Accident and Injury Lawyers represent victims of all types of accidents in Nassau and Suffolk Counties, including falls at shopping malls and other commercial properties. We offer free initial consultations and never charge a fee unless we recover money for you. Contact our law offices today to schedule an appointment with a Long Island personal injury attorney.
How Common Are Slips and Falls at Long Island Malls?
There isn’t specific data on exactly how many people are hurt in falls at shopping malls in Long Island or even New York state. However, we do know that nationwide, falls lead to millions of unintentional injuries each year. This is particularly true for older adults, with 14 million reporting a fall each year.
Shopping malls are a prime place for falls, given the nature of these complexes. They are often large, with more than one story. Malls also tend to have tile floors, which can get slippery when wet. With many people coming in and out of the mall throughout the day, potentially bringing in moisture from rain and snow, the chance of a fall on a wet floor is greatly increased.
Of course, malls also tend to have food courts. The presence of food and drinks can also increase the risk of a fall, whether another patron spills a soda or a worker mops up after a dropped ice cream cone. This can make walking through the mall, whether for exercise or just to shop, especially dangerous.
Other potential fall risks at malls include:
- Uneven surfaces, such as cracked pavement in the parking lot or uneven tiles;
- Inadequate lighting, both inside and outside of the mall;
- Merchandise or debris in walkways;
- Poor signage to alert shoppers to potential hazards (like wet floors or maintenance); and
- Escalators.
Escalators are a big risk at many shopping malls. A person might fall due to uneven steps or sudden stops, or get their clothing or shoelaces caught in the moving parts. Mechanical malfunctions, which may be caused by improper maintenance, can also lead to falls at shopping malls.
Any fall can lead to serious injuries. This may include broken bones, traumatic brain injury (TBI), spinal cord injury, soft tissue damage, and cuts and lacerations. If you have been hurt in a fall at a Long Island shopping mall, our legal team can help you get maximum compensation for your injuries.
Who Is Responsible for a Slip and Fall at a Long Island Shopping Mall?
In New York, slip and fall cases fall into a special category of personal injury law known as premises liability. Essentially, premises liability claims are a way for accident victims to hold property owners accountable for injuries that they suffered. These cases are usually based on a theory of negligence or carelessness.
Premises liability cases require a different kind of proof compared to other personal injury cases. For example, in a car accident case, the injury victim (plaintiff) might need to introduce evidence that the at-fault driver (defendant) was careless in some way, such as by merging onto a highway without yielding. In New York premises liability cases, the level of proof required is both different and a bit more complicated.
These claims can be brought against someone who owns a piece of property or someone who occupies or controls the property. To win a claim, the plaintiff must show the following:
- The defendant owed the plaintiff a duty of care;
- The defendant failed to meet that duty of care;
- The plaintiff suffered an injury; and
- This injury was caused by the defendant’s failure to meet the duty of care.
Premises liability cases often revolve around the defendant’s duty of care. This is a legal standard that establishes what a property owner should do to maintain their property in a reasonably safe condition for visitors. In New York, a property owner has a duty of care when there is a hazardous condition on their premises and they either knew or should have known about the danger.
A property owner does not owe the same duty of care to every person who enters their property. Instead, the specific duty of care depends on the person’s status. There are 3 types of visitors:
- Invitees are people who come onto a property for the benefit of the landowner. Customers at a mall would be considered invitees. Property owners owe invitees the highest duty of care, which includes a requirement to inspect the premises for dangers and either fix or warn about known hazards.
- Licensees are people who enter a property for social purposes, such as a friend who visits you at your house. Property owners owe a lower duty of care to licensees, but they still must periodically inspect their property and fix or warn about known dangerous conditions.
- Trespassers are people who come onto a property without permission. In New York, property owners still have a duty to act with reasonable care when it comes to trespassers. However, this duty is far lower than for people who come onto the property with permission.
Importantly, a property owner does not have a duty of care unless (1) there is a dangerous condition on the premises; and (2) they either knew or should have known about the danger in time to warn about it or fix it.
Consider the following example. If a customer drops a drink on the floor at the mall food court and someone slips and falls on the wet surface, the mall’s liability will depend on whether they knew about the spill and had a chance to respond to it. If the fall happened shortly after the spill, then the mall may not be liable. If the fall happened 30 minutes after the spill and the mall didn’t mop it up or put up warning signs, then it might be held responsible.
Shopping mall slip and fall cases are often more complex because there are many potential defendants in a case. Depending on the facts of the case, an injury victim might file a claim against:
- The owners of the mall itself;
- A business that rents a commercial space in the mall; or
- A property management company.
Our law firm is skilled at investigating shopping mall slip and fall cases to determine who may be responsible for the accident. This often includes interviewing witnesses, reviewing photos and videos of the accident scene, requesting documents related to commercial leases and contracts with maintenance companies, and analyzing medical records. We take the time to put together the strongest possible claim before making a claim for compensation.
If you suffered injuries in a fall at a Long Island shopping mall, you may be entitled to compensation for all of your losses. This may include money for your property damage, lost wages, reduced earning capacity, medical bills, future medical expenses, pain and suffering, loss of enjoyment of life, scarring, disfigurement, and emotional distress. Our Long Island slip and fall lawyers will fight to help you get maximum compensation for your injuries.
What You Should Do If You Fall at a Long Island Mall?
If you have suffered a fall while at a shopping mall, you should do a few things to protect yourself. First, you should seek immediate medical attention. Even if you don’t think that you were seriously hurt, it is a good idea to get checked out by a doctor. This can make sure that you get the right diagnosis and treatment, and will also establish a link between the fall and your injuries.
Second, you should file an incident report. Many malls and individual stores will have a form that can be used to report any falls. You can also orally report the accident to a manager or employee if you are unable to fill out a form due to your injuries.
If you can, you should ask witnesses for their names and contact information. This may include talking to any staff who may have seen you fall. When you are able to do so, make notes of what happened, when it happened, and where it happened. This may be helpful when your lawyer is building your case.
Finally, reach out to a Long Island shopping mall slip and fall attorney as soon as possible. During a free consultation, they will listen to your story and offer you advice on your options. They can then handle the case for you, dealing with insurance companies, adjusters, and other lawyers. Your attorney will work hard to help you get a fair settlement for your injuries.
How Our Law Firm Can Help
Shopping malls are a common fixture around Long Island. While they are often safe, they do present a risk of falls for many people. If you have been hurt in a fall at a shopping mall in Suffolk or Nassau County, you may be able to file a lawsuit against the mall, store owner, or another party.
Based in Melville, New York, The Odierno Law Firm Accident and Injury Lawyers represents clients in premises liability claims throughout Long Island. We handle all cases on a contingency fee basis, which means that you’ll never pay a fee unless we recover money for you. To learn more or to schedule a free initial consultation with a Long Island slip and fall lawyer, call our law offices today at 631-973-6221 or fill out our online contact form.
Related:
Slip and Fall Accidents in Long Island Restaurants – Your Rights & Legal Options
Slip and Fall Injuries at Grocery Stores in Long Island – Legal Claims & Compensation