Shopping malls are busy social hubs in Los Angeles with retail stores and dining options, such as food courts and entertainment venues. However, they can also have hazardous conditions that could result in serious slip and fall injuries, such as a wet, slippery floor. Accidents like this often raise legal questions about the commercial parties who could be responsible when visitors are seriously hurt. Trust an experienced lawyer to provide answers and advocacy.
At Salamati Law, we help those injured in slip and fall accidents in shopping centers, malls, movie theaters, and retail stores across Los Angeles. Our personal injury attorneys are passionate about helping accident victims recover damages, including medical bills, lost wages, and pain and suffering. If you’ve been hurt at a shopping mall, contact us today for a free case evaluation.
Who is Liable for a Shopping Mall Slip and Fall in Los Angeles?
California imposes a duty on property owners to take reasonable steps to ensure their premises are safe for visitors, warn them of hazards, or secure dangerous areas.
Liability in a shopping mall slip and fall could involve the following parties:
- The property owners
- Retailers who lease space
- Property management companies
- Companies responsible for maintenance and repair
The burden is on the accident victim, the plaintiff, and their attorney to prove that the defendant failed to take reasonable steps to ensure the premises are safe or warn of hazardous conditions they knew about or reasonably should have known. Failing to do either may constitute negligence in a slip and fall accident.
For example, if mall security cameras prove that a spilled beverage sat on the floor for several hours, but employees didn’t clean it, the mall could be liable when someone slips on it. Or maybe a large section of a step in the mall broke off a week ago and has been missing since. The property owner or manager either knew or reasonably should have known about this hazard yet did nothing to repair it, warn patrons about it, or block that area off. If you fall and injure yourself, the defendant may be liable for your shopping mall accident.
Potential Damages Awards for Victims of Negligence
To recover compensation, the plaintiff must prove the value of their losses and the liability of the defendant(s). Typical compensation depends on the seriousness of the injuries and the impact on the victim’s life and may include the following:
- Medical bills
- Lost wages and loss of earning capacity
- Pain and suffering
- Disability
Attorney Sean Salamati works with expert witnesses and investigators to help clients prove liability and establish their right to maximum compensation.
What if I Was Partially at Fault for My Slip and Fall Accident?
If your negligence was partly to blame for the fall, you may still pursue a claim against the property owner for their breach of duty. As a pure comparative negligence jurisdiction, California allows injured victims to be awarded damages even if they were 99% at fault for the accident. However, the amount awarded will be reduced based on your percentage of fault for the accident. For example, if you won $1 million in compensation but were 80% at fault, you would receive $200,000 (20% of $1 million).
What Should I Do if I’m Injured in a Slip and Fall Accident at the Mall?
After a shopping center slip and fall, seek medical attention even if you feel fine. What might initially seem like a minor injury could become much more severe. For example, injuries with delayed onset symptoms include concussions and soft tissue injuries.
Here are some additional steps to take:
Gather Evidence
If possible, take photos and video footage of the accident scene. For example, if you slipped in the food court on a spilled drink, document the immediate surrounding area. This is important because the property owner or manager may clean it after your fall and claim that the hazard never existed or that it was a minor spill and easily avoidable.
Report the Accident
File an incident report with authorities at the mall. It creates essential documentation of the accident and your injuries. Keep a copy for yourself and provide one to your attorney. While reporting the accident, request insurance information from the property owner.
Maintain Accurate Records of All Your Expenses
Maintain accurate, detailed records of all medical appointments, including doctor visits, receipts from medications, physical therapy sessions, and travel expenses. These are compensable damages, and these records will help support your claim.
In addition, track your loss of income if your injury keeps you at home while recovering. Even if you’re a freelancer or gig worker, you can show a loss of income via previous invoices or bank statements.
Hire an Attorney
Working with an experienced slip and fall attorney in Los Angeles can offer you peace of mind. We can help with the following tasks:
- Accessing surveillance video
- Reviewing agreements between the shopping venue owner, lessee, and maintenance companies
- Securing manuals and employee training documents
- Interviewing any eyewitnesses to your fall and documenting their responses
- Obtaining testimony of expert witnesses such as accident reconstructionists and medical professionals.
Common Shopping Mall Slip & Fall Accident Injuries
Common slip and fall injuries include the following:
- Sprains and strains are soft tissue injuries that can take months to heal.
- Broken bones, such as complex fractures, may require surgery.
- Head injuries, such as concussions or traumatic brain injuries (TBI), are serious and can lead to life-long deficits.
- Spinal cord injuries can lead to paralysis.
- Cuts and bruises.
As noted, these injuries may require ongoing medical treatment and result in permanent disabilities. This can create financial instability on top of the physical pain and emotional distress caused by the accident. Hiring a slip and fall lawyer in Los Angeles can help you seek compensation for your losses and hold the responsible parties accountable.
What if I Fell at an Outdoor Shopping Mall?
Outdoor shopping malls may present additional dangers, such as uneven walkways, slippery surfaces due to weather conditions, or inadequate lighting. The same principles of liability apply in a slip and fall accident at an outdoor mall.
However, it’s important to note that property owners have a shorter window of time to clear away hazards on their premises in inclement weather. If you fall due to a hazard that was not addressed promptly, the property owner could be liable for your injuries.
California Statute of Limitations
In California, an injured party generally has two years to file a personal injury lawsuit. It may seem like you have plenty of time, but the longer you take to file a claim, the harder it is to obtain evidence. People who witnessed the accident might not remember the details two years later or could have moved away. Similarly, video evidence of your slip and fall accident could be overwritten or erased, or you may lose the photos you initially took. The sooner you seek legal advice, the more options you may have in the long term.
Contact Salamati Law for a Free Consultation
At Salamati Law, we have represented injured accident victims in Southern California since 1995. We have fought for justice on behalf of our clients and helped them get the compensation they needed to recover from their injuries and care for their loved ones. Schedule a free, no-obligation consultation today with a Los Angeles shopping mall slip and fall lawyer.
Since we work on a contingency fee basis, you will not pay attorney’s fees unless we obtain compensation for your injuries.
