Tripped On An Object In A Mall?

5 April 2017
 Categories: , Blog


When you get injured in a shopping mall after tripping on an object on the floor, the owners of the mall should compensate you if they are found liable for your injury. One of the things that will determine the liability of the mall owners or manager is whether they acted reasonably in the events leading up to your injury. The court does this by examining how a reasonable person would have acted under the same circumstances. Here are three questions that the court will use to settle this issue:

For How Long Was the Object on the Floor?

The object should have been on the floor long enough for the relevant staff to notice and clear. For example, if the customer in front of you drops a toy that causes you to slip and fall, then it would be difficult to hold the property manager responsible for your injury. That time is too short for any person to do anything about the object. However, you have a decent claim if you can prove that the object on the floor had been there since the previous day.

Does the Management Have a Cleaning Policy?

A cleaning policy ensures that any litter on the floor is quickly cleared away. A business that has a clear cleaning policy comes across as more responsible than one without a cleaning policy. For example, most business premises have people or a person whose job is to ensure that the floor is clean and free of litter. If there is such a policy in place, and it was followed, then you would have a hard job processing your claim than you would if the business didn't have such a policy in place.

Why Was the Object on the Floor?

Sometimes what you might think of as litter might actually have a legitimate use on the floor. For example, a hammer would normally be considered litter if found on the floor of a restaurant. However, if there was a repair going on, the hammer might actually be one of the tools being used in the project. In such a case, however, there should be measures in place to prevent renovation-related injuries. For example, workers can put up a barrier around the work area and put up a warning to that effect.

As you can see, these are pretty subjective issues, and in cases where liability is not clear-cut, you need to work extra hard to prove that the property's management should pay your damages. The involvement of a personal injury lawyer like Kiernan Personal Injury Attorneys PA can help you prove your case.