Injured at a Mall or Shopping Center
Malls may be a thing of the past as online shopping has overtaken the need to head out to the local mall for shopping center.
Some shopping centers or malls like Fashion Show or Crystals at City Center are actually destinations in their own right.
These malls feature high end shops and restaurants for tourists to enjoy while on vacation in Las Vegas.
Another perfect example of a mall tourist attraction is the Forum Shops at Caesars Palace.
Tourists on vacation will make these shops a part of their trip and make a point to take some time to shop and dine at these locations.
Just like a casino however, the malls in Las Vegas are bustling with people in and out daily.
The sheer volume of guests that visit these malls daily is a recipe for accidents and injuries.
You might not think of a mall as a dangerous place, but there are many ways that a guest can be injured at a shopping mall, strip mall, or lifestyle center.
Injuries at a Shopping Mall
Every accident and injury are different, however there are a few ways that people get hurt while at the mall that are more common than others.
The most common mall injuries are:
Slip and Fall– The most common injury, this happens because of wet floors due to spills or debris on the floor net being cleaned up right away or properly.
Trip and Fall– Visitors to the mall should not have to navigate around objects that have fallen onto the floor or items that shouldn’t be there. Also when going to the car in the parking lot there may be potholes in the parking area that someone may trip and fall on.
Escalator Accidents– An escalator that is not working properly or not being maintained can be the cause of severe injury. Escalators can catch clothing or shoe laces and cause you to be stuck and fall.
Falling Merchandise– We have all been to stores like Costco where merchandise is stacked high up above even using a lift to move these items. If not stored properly they can fall or a shelf containing merchandise can fall sending merchandise falling from above.
Food Poisoning– With the amount of food that is served at small destinations in the food court areas or even the restaurants, it can be handled improperly or in unsafe conditions causing someone to be sick from food poisoning.
When you are injured in a mall it is necessary to prove that the shopping mall or a tenant (store in the shopping mall) did not act in a safe manner to protect their customers.
You might have a case against the mall or its tenants if you suffered an injury due to negligence.
Assaults in Shopping Malls
Accidents and injuries are different from assaults in that assaults are purposeful attacks on someone by another person.
A business is not usually held liable for what another person might do, but in the case of an assault the mall might be held liable.
For example, if a customer at the mall is assaulted due to lack of proper security the mall might be liable.
A mall can also be held accountable for an assault if it was something they should have reasonably anticipated could happen.
Failing to provide adequate security comes in many forms like;
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Failing to provide enough security cameras throughout the mall and stores, or failing to replace broken security cameras
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Failing to hire adequate security personal
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Failing to set and enforce loitering rules
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Failing to respond to criminal activity in the mall or surrounding parking areas.
If you have been assaulted at the mall or in the parking areas you may have a claim based on inadequate security.
Duties of a Shopping Mall to Customers
A shopping mall is in fact a business.
In Nevada a home or business owner must keep their property in reasonably safe condition, and to warn others of hazards on the property that aren’t otherwise obvious.
The mall falls under the legal doctrine of the premise liability law.
You may be able to file a claim for damages for an injury sustained at the mall if you can prove the following:
There was a dangerous condition on the premises
The property owner or tenant knew, or should have known about the dangerous condition; and
The dangerous condition caused your injuries.
If the defendant’s lack of reasonable care was particularly egregious, the court may order the defendant to pay punitive damages besides the compensatory damages you can recover.
Punitive damages are damages awarded to an injured victim that are meant to punish the defendant for their negligence.
Calculating What Your Injuries are Worth
If you have been injured in a mall accident you might be entitled to compensation for your injuries.
Medical care alone can be in the thousands of dollars, money you didn’t plan on having to spend.
You might be not be able to work while you heal from your injuries.
As a result the victim of a mall accident or injury can collect damages for the following:
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Medical Expenses such as emergency care, medications, physical therapy, long term medical care
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Wages lost while recovering from your accident. Future earning if you can’t return to work after your accident
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Pain and suffering for the physical and emotional pain caused by your injuries
The amount of compensation you can receive varies based on the severity of the accident and injuries you suffered.
What to do if You’re Injured at the Mall?
You need to protect yourself when you’re injured at a mall.
It is a traumatic experience and you can easily be confused.
There are certain steps you need to take immediately after you’re injured to protect your right to compensation:
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Notify the security at the mall or store where you were injured. If you have been assaulted, get someone’s attention as soon as possible by any means necessary.
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Notify a mall employee. If security isn’t immediately available, seek out any mall employee. An accident may draw a crowd to the scene but if it’s not easily visible like in the bathroom you need to notify someone who can help.
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Seek medical treatment. No matter how small the incident is, always go to the doctor or hospital and get checked out. You may have injuries that haven’t manifested yet or injuries that aren’t visible like a brain injury or internal bleeding. Follow all the doctors orders to recover.
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Identify witnesses. If someone saw the accident or assault get their contact information. If you are not in a position to do this, ask someone to help you gather all the witness information.
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Write down all information you remember about the accident as soon as you can. Personal injury cases can take a long time to be settled and memories fade over time. Write it down while it’s still fresh in your mind.
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Contact a personal injury lawyer that specializes in small injuries.
Taking these steps can increase your chances of recovering a favorable settlement for your injuries.
Call The Richard Harris Law Firm
The last step you should take is seeking out an experienced small injury lawyer.
The Richard Harris Law firm is your small injury law firm in Nevada.
Whether you went to The Forum Shops or City Center and were injured, the Richard Harris Law Firm can help you.
Call us today for a free consultation and case evaluation.
We have been in business for over 40 years in Las Vegas and are not afraid to go up against big corporate ownership.
Malls and store owners have big pockets and teams of lawyers at their disposal, you should have a team on your side to help you get the compensation you deserve for your mall injury.