Can You File A Claim If You Slip And Fall In A Mall?

After a slip and fall accident, you CAN file a claim and get financial compensation. The first thing to do after going through a slip accident in a mall is to get medical attention as soon as possible. After that, your priority should be consulting a lawyer and collecting all the necessary evidence to file a lawsuit against the mall. Contact a personal injury lawyer in Roseville to hire the best legal team regarding your slip and fall accident case.

Obtaining evidence 

The evidence can look like detailed photographs of the damage, security surveillance footage, eyewitness testimony from people around the accident scene, and medical records that provide information regarding the injuries you suffered and hospital bills. Report the accident to the mall management as soon as possible.

Proving negligence

Proving negligent conduct by mall management is integral to any personal injury case in similar circumstances. A premises liability law is applied in malls, which states that the mall management is liable for any accident that they could have avoided with reasonable care. The evidence would be used to prove the accident as well as the negligence of the mall staff. To win a claim, it is necessary to prove the following:

Duty of care

The victim of the injury caused due to the slip and fall accident must prove that the mall staff owed a legal duty of care to the victim in the particular accident. 

Violation of Duty of Care 

Next, the victim must prove that the mall staff violated the legal duty through specific actions and failed to do something a reasonable person would do in a similar situation.

Causation

The victim must prove that the mall management’s actions or lack of actions were the proximate cause of the injuries suffered by the victim. It is necessary to show that the accident could have been prevented if the mall staff had taken due care.

Damages

Lastly, the victim must prove that they suffered specific losses that caused them a lot of damage. This can be demonstrated by displaying medical records, hospital bills, wages lost due to accidents, etc. 

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Statute of Limitations 

The statute of limitations plays a vital role in the claim. It is a state-mandated time limit within which the victim is required to initiate the case in court. Failure to do this could lead to the complete dismissal of the claim. Therefore, the victim must consult a lawyer and make sure to comply with all the legal formalities to avoid losing compensation.

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