With Christmas right around the corner, the malls and department stores are going to be as packed as ever with last-minute shoppers. With the increase in holiday foot traffic, a lot of stores get messy, whether it be from clothes unfolded and thrown everywhere to a puddle of lemonade from the pretzel place that a child spilled. Employees are usually so overwhelmed helping customers that they don’t have time to clean the spill or fold the clothes; meaning there’s a good possibility someone will trip or slip.
Malls Are Not Liable All the Time
The mall or department store is not liable all the time. It must be proven that they were negligent, and you suffered an injury. If you or a loved one are the victims of a slip and fall accidents while holiday shopping, it’s helpful that you speak with an experienced attorney to see what your remedy options are.
In order to have a successful claim against the mall or department store you slipped in; your attorney must prove negligence. In laymen’s terms, your attorney would have to prove that those in charge of the mall or that store fell below that standard of care to make sure their customers were safe.
Things to Prove in a PI Case
There are four (4) things to prove in a personal injury case involving negligence:
- You were owed a duty of care by the defendant – With a case against the mall, showing this duty would be more simple than other claims because when the mall and/or store invited you in to shop, they made a promise to keep you safe.
- The defendant breached this duty – an example of this would be showing that a dangerous condition existed in the mall or department store.
- You were injured – Most people who fall do get hurt. Sometimes those injures can be minor, such as bumps and bruises, or major, like a broken hip or tailbone.
- The breach of duty caused your injuries – This part emphasizes the importance of going to the hospital to get checked out after your fall. A doctor can show that you were injured because of the fall and not because of a preexisting injury.
After Proving Negligence
After proving negligence, your attorney would demand damages on your behalf for any medical bills accrued because of the fall, lost wages if you missed work for an amount of time because of the fall, and/or pain and suffering if any.
Contact an Experienced Personal Injury Attorney
If you or a loved one are the victims of a slip and fall while holiday shopping, your best option for relief is to speak to an experienced personal injury attorney. Call (713) 524-8139 or go online to speak with an experienced Houston personal injury lawyer at Pusch & Nguyen Law Firm. Receive a free consultation to see what your legal options really are.