Mall injuries can come in all kinds of shapes and forms. You can slip and fall, get mugged in the parking lot, or have an object fall on you. Since these injuries are caused by different things, the parties responsible for them may also be different. Here are some of the parties you may hold liable for an injury at the mall:
Owners of the Mall
By and large, the primary responsibility of keeping visitors to the mall safe belongs to the owners of the mall. This applies to foreseeable injuries that the owners of the mall could have prevented. In practice, this usually means the mall's owners are responsible for injuries occurring in areas they control, such as parking lots and escalators. Therefore, if you are injured by an aged and malfunctioning escalator, the mall's owners are probably on the hook for your injury.
Individual Retailers
If you are injured in a retail store, then the owner of the store becomes liable for your injuries. For example, when a stack of boxes accidentally falls on your head, the store becomes responsible because it should have foreseen that the boxes could fall and taken appropriate preemptive measures. This is something the mall's owners don't have control over.
Product Manufacturers
If you are injured by a defective product, then its manufacturer will be liable for your injuries. For example, if your leg is caught up in a defectively manufactured escalator, then the escalator's manufacturer should settle your damages. It may be difficult to know whether a product was defectively manufactured immediately after your injury. This is one reason you shouldn't rush to file a claim without talking to an injury attorney; the attorney can help investigate the issue and identify the liable party.
Visitors to the Mall
Lastly, you may also be injured by visitors to the mall, who then become liable for your damages. Visitors to the mall may include customers, criminals targeting shoppers, or even business partners of the mall's owners or retailers. For example, a customer becomes liable for your injuries when they knock you over in the parking lot, and a robber becomes liable for your injuries when they assault you on the sidewalk. The latter example is an intentional attack that attracts both a criminal and civil lawsuit.
As you can see, you shouldn't jump to conclusions and send your demand letter to the mall's owners if you are injured in a mall. You need to evaluate the cause of your injuries to help you identify the right liable party or parties. An injury lawyer can help you do this so that you don't lose your potential recovery by targeting the wrong parties. For more information, contact local professionals like Hardee and Hardee LLP.
