Each year, many Americans get injured during rush sales. If you are one of the unfortunate victims of such a rush sale, it's in your best interest to identify the liable party to maximize your chances of damage recovery. In a typical rush-sale injury, there are three parties most likely to be liable for your injuries.
The Shopping Mall
The shopping mall is responsible for all foreseeable injuries in all parts of the premises it controls. In most cases, the shopping-mall owners are responsible for maintaining and securing common areas such as parking lots and escalators. Thus, if you are injured in a common area controlled by the shopping mall, the mall owners are the ones responsible for your injuries.
Here are examples of injuries that may be attributed to the shopping mall's negligence:
- Slip-and-fall accident occasioned by a malfunctioning escalator.
- A mugging in a poorly-lit parking lot.
- A slip-and-fall accident in a parking lot caused by oil spills.
The Retail Store
A typical shopping mall houses many retail stores that are also responsible for the areas under their control. Therefore, if an injury occurs in an area controlled by an individual store, it is the store that should be held responsible for the injuries.
There are several injuries for which an individual retail store may be responsible. Here are a few examples:
- Slip-and-fall injury caused by water spills on the retail floor.
- Injuries caused by falling merchandise.
- Trampling injuries caused by poor crowd control.
Rush-sale injuries are not restricted to shopping malls and retail stores; visitors to the shopping mall may also be responsible for some injuries. When another customer causes you injury, and neither the mall owners nor the retail store could have prevented it, then the customer becomes responsible for your injuries.
For example, a customer becomes responsible for your injury if they crash into you while rushing to pick an item off the shelf. A customer may also be liable for your injuries if their car hits you in the parking lot. Another example of an injury caused by a shopping-mall visitor is when they assault you when fighting over the last item in a limited sale.
In some cases, several parties may share the responsibility for your injuries. For example, if a customer's dog bites you, both the customer and the property owners may be responsible for your injuries depending on the measures (or lack of measures) the store had in place for preventing animal bites. If you are nursing an injury received at a shopping mall, consult an attorney, such as one from Kidwell & Gallagher LTD, to help you identify the liable parties and process your claim.Share