If retail therapy helps you unwind, slip-and-fall accidents are the last thing you need. Florida malls actively get a makeover to attract more shoppers, increasing the risk of slips, trips, and falls.
Moreover, annual mall visits are increasing slowly but surely from pre-COVID levels, leading to more human traffic than before. Many malls are carving out space for themselves with immersive shopping experiences. Indoor malls are also making steady progress. Even outlet malls are improving as brands cater to deal-hungry consumers.
With more people visiting malls, there’s a higher risk of accidents. Poorly maintained stores can cause serious accidents. Anything from cracked tiles to spills to slippery floors can cause costly injuries.
In most cases, mall and store owners are responsible for premise safety. However, if their negligence caused your injuries, you may be eligible for compensation.
This is where accident attorneys come in. Mall slip and fall lawyers help injured shoppers get money for their damages. They know the ins and outs of premises liability law, which holds property owners responsible for injuries.
Get compensation for medical bills, lost wages, and other expenses with help from Madalon Law’s mall slip and fall lawyers. Contact us for a free case evaluation today!
When you visit your favorite mall, your focus is on shopping, the food court, and friends rather than on safety. Here are common Florida mall slip and fall accidents you might face at Florida malls:
Overcrowded Walkways
Overcrowded walkways are hazardous in busy Florida malls. Aventura Mall in Miami attracts over 28 million visitors a year, and The Mall at Millenia in Orlando attracts shoppers from around the world.
Stressed, hungry, and hurrying shoppers are more likely to bump into each other and fall in crowded malls. This risk increases during peak shopping seasons or special events when the number of visitors surges.
Add arms filled with shopping bags and the number of potential injuries increases. Trained Mall staff can prevent accidents.
Slippery Floors
Spills from food and drink at malls like Sawgrass Mills in Sunrise or Dolphin Mall in Miami create dangerous conditions. These spills make the floors slippery, and dropped soda, or food can lead to serious slip-and-fall accidents.
Recently cleaned floors can also be risky. Wet floors without warning signs are hard for shoppers to see and can cause serious injuries. Mall staff should clean spills immediately and put up warning signs to keep shoppers safe.
Faulty Escalators
Faulty escalators pose a high risk for shoppers. Malfunctioning equipment can stop suddenly or move jerkily, causing shoppers to lose their balance and fall. Regular maintenance can prevent these accidents.
Malfunctioning escalators are highly hazardous, especially at popular, high-traffic malls like Florida Mall or Westfield Brandon. Common causes include:
Routinely inspected, serviced, and repaired escalators can reduce accidents significantly. It improves shopper safety and enhances their overall shopping experience.
Defective Elevators
Faulty elevators can also cause serious mall accidents. A malfunctioning one can stop suddenly, fail to align properly with the floor, or drop suddenly. These issues can cause passengers to trip when entering or exiting, leading to falls and injuries.
For instance, a misaligned elevator at a busy mall like The Florida Mall in Orlando can trip unsuspecting shoppers, leading to sprains, fractures, or more severe injuries.
In addition, sudden drops or stops can jolt passengers, making them lose their balance and fall. In a crowded elevator, panic can cause serious injuries or even death.
Regular maintenance and inspections can prevent these mishaps. Mall management should prioritize routine checks and prompt repairs to ensure shopper safety.
Broken or Missing Handrails
Handrails help shoppers people stay steady and avoid falls. Broken or missing handrails at malls like International Plaza in Tampa or The Gardens Mall in Palm Beach Gardens can cause falls.
Damaged or missing handrails can cause serious (in some cases), life-threatening injuries. A missing staircase handrail can cause a shopper to stumble and fall down the stairs, causing catastrophic injuries.
Malls must check and maintain handrails routinely to ensure a safe condition for shoppers.
Inadequate Warning Signage in Hazardous Areas
Poor warning signage in malls creates hidden danger zones for unsuspecting shoppers. Missing or unclear signs about wet floors can cause slips and falls, and confusing instructions on escalators and elevators raise the risk of misuse and injuries.
Obstacles such as displays are tripping hazards without proper cones or markings. Similarly, construction zones without clear signage cannot stop shoppers from entering restricted areas or tripping over uneven surfaces.
Additionally, unclear mall maps or directional signs can disorient shoppers. They might bump into others or miss hazards while looking at their phones. In short, inadequate signage can turn a fun shopping trip into a potential accident.
Inadequate Security
Unsecured malls can encourage unruly behavior, overcrowding, and criminal activity. This can cause panic and disruptions, causing falls, collisions with other shoppers, or scrambles for exits during emergencies.
For instance, a poorly secured parking lot might encourage car-jackings or assaults, forcing hurried exits and causing accidents. Furthermore, a lack of security patrols might allow children to wander unsupervised. They can get injured if they trip over hazards such as stairs and escalators.
Poorly Lit Parking Lots
Dimly lit parking lots are breeding grounds for accidents after dark. Without adequate lighting, visibility is low for both pedestrians and drivers.
Pedestrians may miss curbs, potholes, or uneven pavement, increasing the risk of trip and fall injuries. Drivers might miss other vehicles, pedestrians, or even children darting between parked cars.
Backing out of parking spaces or navigating tight corners can cause collisions. Plus, the darkness can feel unsafe, causing hurried exits that might trigger slip-and-falls.
Potholes and Uneven Pavement in Parking Lots
Potholes and uneven pavements in mall parking lots are unexpected changes in level that create a tripping hazard. Busy and overburdened shoppers can easily miss them, trip, and injure themselves.
Flooded potholes can hide a dangerous dip that can trip shoppers. Uneven pavement increases the risk, especially in poorly lit areas where shadows can hide hazards.
Cluttered Store Aisles
Cluttered store aisles are common in busy shopping centers like The Mall at Wellington Green in Wellington. Merchandise left on the floor or narrow, overcrowded aisles can create tripping hazards.
Merchandise on walkways narrows them, forcing shoppers to bump into others or trip over hidden dangers. Spilled drinks, dropped products, or cleaning fluids can be under the clutter, creating a tripping hazard.
Malls must ensure walkways and aisles are clear to prevent accidents or they are liable for injuries. A mall slip-and-fall lawyer can use this negligence to strengthen a slip-and-fall case.
Weather-Related Hazards
Frequent rain showers and floods transform Florida mall floors into potential slip-and-fall hazards. Tracked-in rainwater creates slick surfaces near entrances. These are dangerous without proper mats or quick mopping.
Leaky roofs can hide dangers, such as unexpected puddles from afternoon thunderstorms. Even minor imperfections in floor tiles become hazardous when rain collects. Store owners must be extra cautious during rain spells to ensure a safe shopping spree in Florida’s malls.
Retail therapy can turn dark if you miss hazardous conditions in a shopping mall. Some of the common slip and fall injuries you may need a personal injury attorney for include:
Sprains and Strains
Shoppers can sprain or strain limbs after slips and falls. These injuries involve the tissues that connect our bodies. Ligaments, the tough bands connecting bones at joints, can overstretch or tear, causing a sprain. So if you twist your ankle on a spilled drink at the Sawgrass Mills food court, it can sprain.
Strains, on the other hand, affect muscles or tendons. Tendons connect muscles to bones. When these tissues tear or overstretch, they strain. For example, you can pull a back muscle slipping on a wet floor while reaching for something on an aisle.
Both sprains and strains are painful and limit movement. Treatment typically involves rest, sometimes physical therapy, and, in severe cases, medical attention. Recovery time varies depending on the severity, ranging from a few weeks to several months.
Fractures
Serious falls can sometimes result in injuries besides just bumps and bruises. A strong impact from a fall can cause fractures or broken bones. These can range from tiny hairline cracks to severe breaks that need surgery to mend properly.
A broken handrail can cause a shopper to fall down stairs, fracturing their leg or arm. Similarly, if they land wrong after slipping on a wet floor, they can fracture their arms or wrists.
A cast or splint can help most fractures heal. In severe cases, surgery might even be necessary. Recovery from a fracture can take weeks or even months. Serious cases may need physical therapy.
Head Injuries
Head injuries in malls can range from bumps and bruises to traumatic brain injuries (TBIs). A busy shopper can easily slip on a cracked tile or worn rug in a store, landing on their head. This can cause a concussion or a TBI, depending on how they fall.
While not life-threatening, they require medical attention and take time to heal. Scalp wounds are typically treatable with stitches and proper cleaning. However, serious head injuries are worrisome.
Falls in malls can cause skull fractures, leading to brain bleeding or even traumatic brain injuries (TBIs). These can cause long-term cognitive or physical impairments. Mall personal injury lawyers can quantify these damages for suitable compensation.
Knee Injuries
If you fall and twist your knee, it can cause a serious injury. The accident could tear the meniscus, a crucial part of your knee joint, or stretch or tear a ligament-like the ACL or MCL.
Uneven surfaces in malls can also cause slip-and-fall accidents. For example, you can injure your knee badly if you trip on a pothole in the mall parking lot. You can also injure it if you trip over a discarded shopping cart.
Most knee injuries from falls require physical therapy and exercises that can heal and strengthen them. However, in severe cases, surgery might be necessary to repair damage. Recovery from a knee injury can take time and, in some cases, months of rehabilitation exercises.
Back Injuries
A mall slip-and-fall accident can injure your back, especially if you land awkwardly. These injuries can range from minor muscle strains to serious conditions like herniated discs or even spinal fractures.
A shopper can slip on brake fluid in a dark parking lot, fall, and hurt their back while heading to their car.
Slips in cluttered store aisles can also cause these injuries. For example, you can slip and twist your back, trying to reach for something on a crowded shelf. This could cause back muscle strain, leaving you feeling sore and stiff.
Shoulder Injuries
Shoulder injuries from a mall slip and fall accident can include dislocations, fractures, or rotator cuff tears. For example, you might dislocate your shoulder if you land on your shoulder trying to reach for something on a high shelf. You can also tear your rotator cuff.
If you slip on spilled food in the food court, you could fracture your shoulder or get badly bruised. Shoulder injuries often need a doctor’s care, physical therapy, or surgery.
Recovery can be difficult and might affect shoulder movement. Getting the right treatment is crucial for healing and restoring full use of the shoulder.
Hip Injuries
Slip-and-fall accidents in malls can lead to various serious hip injuries. Bursitis occurs when the bursa, fluid-filled sacs that cushion joints, become inflamed. This causes hip tenderness, warmth, and pain during movement. Infected bursitis can also cause fever.
Similarly, labral tears in the hip can cause groin pain, clicking, and limited movement. Complications can include bone spurs.
You can also dislocate your hip if a fall forces the femur’s had out of the hip socket, causing severe pain. Doctors can fix some dislocations manually, but they need surgery for others. Potential complications include sciatic nerve damage and avascular necrosis.
Hip fractures are common in older adults and cause severe pain in the hip area. Surgery is usually needed for treatment. People with poor bone health are at higher risk.
These injuries often require long recovery times and may require significant medical attention, including physical therapy and, in severe cases, surgery.
Internal Injuries
The injuries from a serious slip and fall may be invisible to the eye. For example, landing hard on a wet tile floor in a mall’s food court may rupture a spleen. This can cause internal bleeding that requires immediate medical attention and possibly surgery.
If a shopper trips on an escalator and hits their abdomen, they can get liver lacerations and internal bleeding. Similarly, a shopper may get kidney damage falling from a height such as a second-floor balcony. This can cause kidney issues, bloody urine, and severe pain.
Mall injuries are just as serious as roadside injuries. A mall’s negligence can ensure adequate compensation that can take care of costly medical bills and more. Madalon Law Mall personal injury lawyers can help you understand your rights for a fair settlement or trial.
Florida follows premise liability laws, which means property owners are responsible for visitor safety. For malls, these can include:
Mall Owners and Operators
Every year, thousands of people get hurt in malls across the country, including in Florida. These malls can be large, enclosed spaces with many stores or open-air centers with various shops. Corporations usually operate these shopping centers. They can be liable if you injure yourself in their mall.
These corporations rent out space to different stores. However, they are still responsible for safety, both inside and outside. This includes keeping the mall clean, safe, and free from hazards.
Their liability extends to the parking lots and sometimes even neighboring land. If you slip and fall in a mall, the mall owner or operator might be responsible for your injuries.
Store Owners
Individual store owners within the mall must also provide a safe shopping environment. They need to ensure their spaces are hazard-free. Store owners usually have liability insurance to protect against a personal injury case. The store owner could be liable if you slip and fall inside a specific store.
Outside Contractors
Sometimes, outside companies perform maintenance, cleaning, or repairs in malls. If their negligence caused your accident, they could also be liable for your injuries. For example, they are liable if an outsourced cleaning company fails to put up a “wet floor” sign after mopping.
Mall and store owners typically have strong insurance coverage. This insurance covers injuries that happen on their property. They can pay for medical bills, lost income, and other expenses.
Contact our mall slip-and-fall lawyers if the insurance company denies your claim. We can negotiate on your behalf for fair and maximum compensation.
You need to prove these key elements for a successful personal injury lawsuit:
Proving slip and fall liability is challenging. Property owners and businesses often fight against liability claims. They may say they did everything they could to keep you safe or that you were partly to blame for the accident.
In Florida, the comparative fault law could partly blame you for an accident even without clear proof. If that occurs, your compensation will decrease based on your fault percentage.
Because of these challenges, it’s essential not to go up against businesses or insurance companies alone. Seek representation from a slip-and-fall lawyer immediately. A lawyer can help gather evidence, build your case, and fight for the compensation you deserve.
A shopping center slip and fall attorney can strengthen your claim with the following evidence:
Incident Reports
When you report an accident to the property owner or manager, they create an incident report. This report details what happened, where, and any immediate actions taken. Get a copy of this report for your slip and fall attorney.
The official record shows you informed the property owner or manager about the accident. It often includes witness statements and an initial assessment, providing a clear account.
Witness Statements
Witnesses can support your account of what happened. They can show that the spill or uneven surface was present and caused your accident.
Their unbiased perspective can strengthen your claim, especially if they saw the negligence that led to your fall. Collect their contact information so your mall slip and fall attorney can get detailed statements.
Photographs or Videos
Photographs or videos of the accident scene are visual proof of the hazardous condition. Take photos or videos of the area, focusing on what caused your fall. This can be a wet floor, merchandise on the floor, broken tile, or poor lighting.
Visual evidence is hard to dispute and shows clear negligence. Also, capture the area around the hazard. The owners may be liable for failing to put up warning signs.
Medical Records
Medical records link your injuries to the slip and fall accident. These records document your injuries, the treatment you received, and any ongoing medical needs.
They also provide a detailed account of the severity of your injuries. This is crucial for determining the compensation amount you may get. Detailed records of all medical visits, treatments, and expenses can strengthen your case.
Proving fault is one part of the slip and fall claims process. After determining liability, your mall slip and fall lawyer proves the damages caused by the accident. These can include:
Medical Expenses
Medical expenses include all costs related to treating your injuries. This covers bills from hospital visits, doctor’s appointments, surgeries, and medications. Ongoing treatment, like physical therapy or specialist visits, is included if needed.
Consider both past and future medical expenses. For example, document expenses covered in the emergency room and for surgeries or long-term care. Clear medical documents can ensure a valid claim.
Lost Income
Lost income refers to wages or salaries you missed out on because of your slip and fall injury. You are entitled to compensation for missed work during recovery.
This includes the income lost while off work and any missed future earnings because of long-term injuries. If your injury made you miss work or affects your future work, document the income loss with pay stubs and employer statements. Collect all relevant records to support this part of your claim.
Pain and Suffering
Pain and suffering cover the physical pain and emotional distress caused by the mall slip and fall accident. This includes discomfort, stress, and lower quality of life you experience because of your injuries.
Unlike medical expenses, which are concrete, pain and suffering are subjective. Compensation for this damage addresses the accident’s impact on your daily life and well-being.
For example, if your injury caused chronic pain or emotional trauma, we will consider this in your claim. Your personal injury attorney will document the injury’s effects on your life and activities.
Rehabilitation and Therapy Costs
Rehabilitation and therapy costs cover ongoing treatment for your recovery. This might include physical therapy or other types of rehabilitation. If your injury requires long-term therapy to regain full function or manage pain, these costs are part of your claim.
For instance, track expenses for prescribed weekly physical therapy sessions or specialized treatments. Save records of therapy appointments and costs to determine fair compensation.
Property Damage
Any belongings damaged during your mall slip and fall accident are included in the claim. This could include a broken phone, damaged braces, damaged glasses, or other personal property.
You may be eligible for compensation to replace or repair these items. So, if you fell and broke your phone or glasses, keep receipts for the replacement or repair costs. Doing so can support your claim by documenting the damage and cost evidence.
Calculating your damages can be complicated. You must add medical costs, lost income, pain and suffering, rehab expenses, and property damage.
A mall slip and fall lawyer can help gather evidence and determine your claim’s fair value.
A mall slip and fall claim process can be difficult on your own. A Florida personal injury lawyer can impact claim success. Here’s how they can help:
Investigate Your Accident and Gather Evidence
A mall personal injury lawyer will investigate accident details to support a claim. They will collect evidence such as accident reports, witness statements, and photos of the scene. Their investigation is crucial to proving negligence and fault.
The lawyer will also review surveillance footage and inspect the mall or store for hazards that caused your fall. All this evidence helps build a strong case to support your claim.
Calculate Your Damages Accurately
Determining the total compensation amount can be tricky. A mall slip and fall attorney will carefully calculate all your damages. This includes medical expenses, lost wages, and pain and suffering.
They will assess both current and future costs related to your injury. By considering all damages, the lawyer ensures you get the full compensation you deserve. Accurate calculations help negotiate a fair settlement or a court win.
Negotiate with Insurance Companies and Other Parties
Insurance companies often try to minimize payouts. Your lawyer can handle negotiations with these companies and other involved parties. They can counter low offers efficiently and push for a fair settlement.
The lawyer understands tactics used by insurers to reduce compensation and will fight to get you a great deal. They use their negotiation skills to protect your interests and ensure maximum compensation.
Prepare and File All Necessary Legal Documents
The mall slip-and-fall legal process involves legal documents and strict deadlines. Your shopping center slip-and-fall attorney will prepare and file all necessary paperwork correctly and on time.
This includes complaint forms, evidence submissions, and motions. Proper document management keeps your case on track. The lawyer ensures they do not miss anything and meet all legal requirements, avoiding delays or issues.
Represent Your Best Interests in Court
Your case may go to court if negotiations fall through. Your slip-and-fall lawyer will represent you throughout the court process. They will present your evidence, argue on your behalf, and handle legal challenges.
The lawyer’s courtroom experience can ensure an effective claim. They will ensure they present your case well, increasing your chances of a favorable outcome.
Focus on Your Recovery
Focus on your recovery as your Florida mall slip and fall lawyer handles your case. You can concentrate on healing without the stress of managing a legal case. A legal expert ensures professional and thorough handling of your claim.
Protect yourself and your legal rights by avoiding these common slip-and-fall claim mistakes:
Failing to Seek Medical Attention
The worst thing slip-and-fall victims can do is brush off their accidents. You might feel fine at first, but some injuries, like internal bleeding, can take time to appear.
So make sure to see a doctor after a fall to ensure you are fine. They can identify hidden issues and get you the treatment you need for a smooth recovery. Ignoring this step could lead to bigger problems later on.
Not Reporting the Accident
An accident report creates a paper trail for your mall slip and fall accident. It proves you followed protocol and helps you prove your claim simultaneously.
Plus, the owner might have safety procedures relevant to your situation. Most importantly, reporting ensures they know about the issue and can prevent future accidents.
Waiting Too Long to File a Claim
Evidence weakens, and memories fade over time. In Florida, you only have two years (the statute of limitations) to file a personal injury claim.
You may forfeit your claim if you miss this deadline. With sufficient time, you can gather strong evidence, secure witness statements, and build a solid case. It also shows you’re serious about seeking compensation for your injuries.
Posting About the Accident on Social Media
Insurance companies and lawyers can use your posts against you. A photo of you hiking can downplay your injury claim.
Even casual updates can be taken out of context. To protect your case, keep the accident and recovery details offline and communicate directly with your lawyer and doctor.
Not Hiring a Personal Injury Lawyer
Your mall slip-and-fall lawyer understands your legal issues and will guide you every step of the way. More importantly, they will protect your rights in every aspect of your case, from gathering evidence to dealing with insurance companies.
They’ll also fight to get you compensation to cover medical bills, lost wages, and pain and suffering.
What is a comparative or shared fault in a slip and fall accident?
Shared fault means you and the mall could be responsible for the accident. Under modified comparative negligence, you can only get damages if you’re 50% or less at fault. If the court finds you more than 50% at fault, you may not recover any damages. This rule will affect the compensation amount even if you’re less than 50% at fault.
Why should I save medical bills and receipts for my slip and fall injury treatment?
Shopping center accidents can cause costly injuries. You might need to pay for specialist consultations, ambulance fees (if you need an ambulance), crutches, and medication.
After the incident, keep all your medical bills and receipts. These can help you prove losses and damages.
How much is my slip and fall case worth?
Your case’s value can change with your losses. As your medical bills and lost wages change, so does your case’s worth.
Some cases are worth more than others. Severe injuries and extensive medical treatments can increase the value of a case. Our law firm dedicates itself to helping you recover everything you deserve.
How do I win my slip and fall claim?
Start a legal claim to win a slip-and-fall settlement. Sometimes, you can settle by contacting the responsible party or their insurance company directly. However, most often, you’ll need to file a formal legal claim.
After filing, your personal injury attorney will build your case with evidence and file court motions. During this process, you’ll also start settlement negotiations. You can win your settlement if your case is strong and the other side prefers to settle rather than go to trial.
How do I prove negligence in my mall slip and fall claim?
You must collect and present evidence to prove negligence if you slipped and fell. You must show that the other party failed to meet their duty of care.
This includes witness statements, photographs, medical records, animated reconstructions, or expert testimony. If your case goes to trial, your attorney will show the jury how the other side didn’t meet the legal care standard.
Will looking into the mall’s maintenance history help my slip and fall claim?
The maintenance history will allow your Florida mall slip and fall attorney to strengthen your claim in several ways:
Identify Patterns: The mall’s maintenance history can show problem patterns. If it often deals with spills, broken fixtures, or worn-out floors, it has a recurring problem.
This can help prove that the mall or store regularly fails to keep the place safe. It can prove that neglect was a key reason for your slip and fall. If the store ignoresi ongoing issues, it strengthens your case by showing a pattern of safety failures.
Show Lack of Maintenance:
The store’s maintenance records can reveal if proper upkeep was neglected. For instance, if the mall’s store regularly delayed repairs or ignored maintenance issues, it shows that it didn’t keep the place safe.
This evidence proves they failed their duty to provide a hazard-free environment. If you show the store knew about safety issues but didn’t fix them, you can argue that maintenance issues caused the accident.
Establish Liability
The store’s maintenance history can help prove they are liable for your injury. If records show repeated issues like damaged flooring or frequent spills, it proves the store knew about these problems.
This proves the store failed to fix known hazards. By showing that the store was aware of and ignored safety issues, you can argue that their negligence caused your slip and fall. This evidence links their past mistakes to your injury.
Support Claims
A poor maintenance history supports your slip and fall claim by showing ongoing problems. For example, if the store had multiple complaints or similar accidents before, it backs up your negligence claim.
Records of previous issues or accidents show that the store’s safety maintenance failure caused your injury. The evidence clarifies the store’s neglect was a major factor in your accident, strengthening your case.
A slip and fall accident in a mall can cause serious injuries, high medical bills, and lost wages, impacting your daily life. Contact Madalon Law today for expert guidance and dedicated support.
Our mall slip and fall lawyers will help you navigate the legal process, gather evidence, and fight for your deserved compensation. Call us now for a free consultation, and let us work to get you the justice you need.
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
