Close

Who is Responsible for Mall Injury?

If you were seriously hurt in any type of mall accident, don’t hesitate to call the mall accident lawyers at Wolfson & Leon. They can help you and represent injured folks throughout Florida from their offices in Fort Myers, Miami, Fort Lauderdale and West Palm Beach. Call them today for your free consultation at (305) 285-1115.

Mall Accidents

A trip to the mall can be a quick visit for the items you or a day long adventure with the abundance of variety they offer. A fun adventure can easily become a disastrous day if you unfortunately are the victim of an accident. If you were injured at a mall you most likely believe that the mall will be responsible but that isn’t necessarily true. The Florida mall accident lawyers at Wolfson & Leon regularly represent clients who were seriously injured at Florida malls and shopping centers. In our experience, most mall injury cases will involve two and sometimes more defendants.

All personal injury cases need a thorough investigation. The reasons for investigating include gathering evidence, developing theories of liability and identifying potentially responsible persons or entities. As the at fault parties are determined each is placed on notice of the client’s claim and our personal injury representation.

Personal injury investigations begin at the location of the accident or incident. In the case of a mall accident, the location is particularly important. Mall accidents can happen in the common areas, the food court, restrooms, parking lot or inside of a store. The types of mall accidents can include:

  • Slip and fall
  • Trip and fall
  • Step and fall
  • Escalator injuries
  • Elevator injuries
  • Assaults
  • Criminal attacks
  • Mall parking lot accidents
  • Pedestrian accidents in mall parking lot
  • Bicycle injuries at malls
  • Falling merchandise or products
  • Broken stairs or handrails

Once the potentially responsible parties are identified, notice letters are sent. Aside from placing the party on notice of the personal injury claim and our representation, we also ask for the insurance information for that corporation. In some responses, the company will advise us of an additional potential defendant.

The owner of the mall can be found in public records. First, we start with the county property appraiser to identify the owner of the mall. Once we have a name we look to SunBiz in Florida which is the online directory for corporations, limited liability companies or partnerships. In SunBiz we can identify the president of the company as well as the designated registered agent. This information is also important if it becomes necessary to file a lawsuit.

One little known fact is that many companies spread the risk of loss as part of contract negotiations. Governmental agencies also do this. Typically, a request for proposal is announced for a particular job. The easiest example is janitorial services. When a company submits a bid to provide janitorial services for a mall or government building part of the process includes a requirement for insurance and indemnity. The mall owner may require that the vendor, such as the janitorial service, carry $1 million of liability insurance. It may further require that the janitorial service indemnify the mall for any liability that arises from the janitorial services rendered. Lastly, the mall may ask to be named as an additional insured on the liability policy.

In the example above, if you slip and fall in the mall bathroom because of a wet floor with no caution signs then you may sue the mall. But in the course of litigation, the mall may disclose that the janitorial company is actually responsible for the dangerous conditions that led to your injury. At that point, your complaint will need to be amended and the janitorial service will be added as a defendant.

Besides the mall, other potential defendants in a premise’s liability case can include:

  • Janitorial service
  • Property manager
  • Landscaping company
  • Porter company
  • Security company
  • Construction company
  • Escalator company
  • Elevator company
  • Cleaning company

Ultimately, the determination of responsible parties all begins with a complete investigation. Even after a close inspection of available evidence, potential defendants may not be disclosed or discovered until litigation is underway. But with perseverance and patience, you can get the full, fair and complete compensation that you deserve.

If you were injured in a Florida mall, then please call the Florida mall accident attorneys at Wolfson & Leon at (305) 285-1115 for your free consultation.


Client Reviews
★★★★★
I was rear-ended on my motorcycle by a distracted driver. I broke my leg, lost two fingers and my entire life changed. I searched Google and came upon Jonah Wolfson. His reviews were quite impressive. Within five months, my case was entirely settled. JONAH IS A BULLDOG WHO WILL REPRESENT YOU AND BE BY YOUR SIDE UNTIL THE BITTER END. HE TRULY CARES ABOUT YOU AND WILL ADVOCATE FOR YOU WITH HIS TEAM. Thank you for helping get me through this with compassion, honor and stealth. You are my hero Mr. Wolfson. God bless you! Cindy
★★★★★
Mr. Wolfson helped me tremendously with my car accident. He was able to represent me with care and respect while fighting hard to get my case resolved. I live a busy life and being able to go about my day and not worrying about my case was a huge relief because I knew I was in good hands. I wasn't just another client to him and that's what makes the difference. Thank you again Mr. Wolfson! Michael
★★★★★
All I can say is WOW! I have never met such a professional law team. They are caring and put your needs above money. I guess to describe them is fair, kind, and professional. Don't be fooled by the other attorneys who only want your money. By far the best attorneys in Florida! Marina Barber
★★★★★
I absolutely love this firm! It's personalized, you always have someone on the phone and you literally feel like family. They were always on top of my case and I felt supported the whole time my case was being settle. I got what I need it and what I deserved! Totally recommend them! They are the good attorneys for real! Dora
★★★★★
Wolfson & Leon took my case and did everything they said they were going to do followed up with me to let me know what was going on and were very professional and were able to win me a larger settlement then I anticipated. I give them five stars for excellent representation. Russ
Contact Us
Live Chat