When you go into a place of business to shop, you should not have to worry about being harmed due to the careless or negligent actions of a store employee or store owner. However, there are times when a person is injured in a shopping mall store and the issue of liability for the incident becomes muddied. At Mayer & Rosenberg, P.C., our Kansas City premises liability attorneys want to discuss who can be held liable for shopping mall store injury.
Determining liability in these cases can be difficult
In general, property owners have a responsibility to keep their premises safe for those who have a right to be there, particularly customers. However, an injury inside of a shopping mall can create confusion when trying to determine liability. That is because there may be several parties responsible for keeping the customer safe where a particular injury happened. A mall, after all, is a place with many different stores. Various parties could be held liable, including the following:
- The owner or operator of the store
- The actual owner of the mall property
- Third-party companies responsible for mall maintenance
- Third-party companies responsible for cleaning the store and mall
A skilled attorney will be able to determine which party could be held liable for an injury that occurs, but your attorney will still have to prove that the party was responsible for causing you harm. There are several elements of negligence that need to be proven in these cases. This includes:
- Whether there was a duty of care established between the injury victim and the property owner. If you are a customer, this duty is generally established.
- Whether there was a breach of duty on the part of the property owner. This would include showing that the liable party did not take steps to keep the victim safe from a foreseeable injury.
- Whether the victim sustained injuries due to the breach of duty. If a breach of duty did not cause any harm, there will be no standing for a lawsuit.
- Whether there are any actual damages caused by the injuries. This can include losses such as medical bills, lost income, pain and suffering damages, and more.
Yes, a store can be held liable for an injury that happens at a shopping mall. However, they may not be the only party that can be held responsible. Turn to an experienced Kansas City personal injury attorney as soon as possible to review your case.
Our team is ready to get to work
If you or somebody you care about has been injured at a store inside of a shopping mall, seek legal assistance today. The team at Mayer & Rosenberg, P.C. understands that these cases can become complicated, and we have the experience necessary to secure the compensation you need. This can include:
- Coverage of your medical expenses
- Recovery of lost wages
- Coverage of physical therapy
- Pain and suffering damages
- Loss of enjoyment of life damages
- Possible punitive damages against the property or store owner