South Florida has some of the most interesting and enticing malls in the country. However, what happens when a person goes to visit a mall and falls in one of the common areas or store fronts? Unfortunately, this situation happens every day and some of the injuries are so severe that they may irreversibly change a person’s life.
When a person has been injured in a slip and fall accident at a mall, there are many questions about who was responsible and who is liable for the harm that the fall victim experienced. The skilled and hardworking South Florida premises liability attorneys at Greenberg Stone and Urbano have spent more than 120 years, collectively, getting justice for victims of fall accidents. To compensate these victims for the harm that they suffered, our firm has negotiated settlements and won jury awards totaling tens of millions of dollars.
There are three categories that apply to people who are present on the premises of a person or business:
• Trespasser – This is a person who enters the premises without the permission of the owner, renter, or manager;
• Licensee – A person specifically is invited for a limited purpose or amount of time; or • Invitee – The individual is extended an open invitation as part of the public.
A mall is opened to members of the public. Therefore, patrons are owed a duty of care that the premises will be maintained in a reasonably safe manner.
Patrons of malls go there to find that certain item, locate the ideal gift, or simply window shop and create wish lists. What they do not expect is to encounter a dangerous condition that resulted from the negligence of those in charge of the space. The individuals or companies that own and operate the malls, and the individual store spaces within the mall, have an obligation to ensure that customers are reasonably safe within the limits of the mall property. This means that the various spaces need to be clear of dangerous hazards. In the large spaces occupied by most malls, this means that:
• The walkways and common areas must be kept free from debris, floors must be maintained without gaps, bulges, or missing tiles or carpet, and there must not be dangerous, wet, or slippery areas;
• Escalators must be maintained in good working order, without any loose or projecting equipment;
• Elevators must function smoothly, without abrupt starts or stops. In addition, they must be inspected and maintained regularly;
• Stairs and rails must be properly constructed and maintained; and • Any other dangerous condition that a reasonable owner or manager would have discovered should be corrected before it led to the accident and subsequent harm.
There are many different parties that may be liable for the harm suffered by a mall patron, including:
• The owner of the mall;
• The development or management company responsible for the mall;
• Any owners or managers of the individual retail stores on the mall property; or • The company or individuals responsible for the maintenance of the property.
It may require some investigation to determine who is ultimately responsible for the harm that the slip and fall victim suffered. In some cases, there are multiple parties who are liable for the damages.
Greenberg Stone and Urbano Works Hard for Slip and Fall Victims
A victim of a slip and fall accident may experience many things after the accident, including the struggle to recover from the injuries that were suffered. Many times it is difficult to know where to turn for answers. As a victim of the negligence of others, you can rely on the knowledgeable premises liability attorneys at Greenberg Stone and Urbano to discover the solutions that you need. Our firm has more than thirty years of experience fighting for the rights of our clients. Our determination to get justice for our clients has led to an AV rating from Martindale Hubbell and a vote as a top-rated South Florida law firm by the Miami Herald. In addition, the prestigious legal society, Primerus, invited our firm to join. To schedule a time to discuss your case, please call (888) 499-9700 or (305) 595-2400 or visit our website