Can I Sue After Falling At A Mall?
There are many popular malls in Orlando, and these malls become quite busy during the winter season. Whether it’s friday, the general shopping craze, or a rainy day, things can get a little hectic at some of these shopping centers. Sometimes, people suffer injuries due to heavy crowds – perhaps even being pushed and cajoled by other shoppers competing for that last item on the rack. In other situations, mall staff can be completely overwhelmed by the sheer number of people – allowing safety issues like spills to go unaddressed. Whatever the case may be, you’re probably wondering whether you can sue if you’ve fallen at a shopping mall.
Woman Awarded $670k for Orlando Mall Fall
To give you a sense of how much money you might receive for a mall injury, let’s consider a recent lawsuit that was recently resolved in Florida. On November 21st, it was reported that a woman had been awarded $670k after tripping and falling on an improperly marked curb. The case went to a jury trial, which is quite rare in the world of personal injury. In fact, less than 1/10 cases go before a jury in this manner. Ultimately, the jury ruled in the plaintiff’s favor and decided that this substantial settlement was appropriate.
Who Can I Sue?
Malls have multiple vendors throughout the property. This leads to an important question: Who do you sue? Should you hold the vendor accountable, or the entity that owns the entire shopping mall? Ultimately, the final decision depends on your unique circumstances. In the above example, the owner of the mall itself was held liable because the injury took place outside the interior of the mall – probably in a parking lot, walkway, or sidewalk area.
But it is certainly possible for individual vendors to be held accountable as well. These entities are considered “occupiers” according to premise liability law. It doesn’t matter whether they are leasing the commercial space from a third party – they can still be held accountable for creating dangerous situations in their respective areas. Your decision of who to sue may be influenced by which party is capable of a larger payout. For example, an individual vendor might be just barely scraping by with very few assets to speak of. Like many small businesses today, they might also be in debt. The larger shopping mall, in contrast, is generally more likely to have greater assets at its disposal and a comprehensive insurance policy. That being said, individual vendors may also have their own insurance policies that are more than capable of paying out claims.
Where Can I Find a Qualified Personal Injury Attorney in Orlando?
If you’ve been searching for a qualified Orlando personal injury attorney, look no further than Payer Law. We know how crazy the season can get at shopping malls, and we’re here to help you fight for the compensation you deserve if you’ve been injured. Book a consultation, and you can determine how to proceed in the best possible manner. The statute of limitations may prevent you from suing if you wait too long, so get in touch today and take action.
Sources:
law360.com/retail/articles/1551622/woman-awarded-nearly-670k-for-curb-fall-at-orlando-mall
