Visitor Question

Can I sue if I fall in a shopping mall?

Submitted By: Kristen (USA)

I was in a shopping mall, pushing my 3 1/2 month old in her stroller when I slipped and fell on some spilled coffee. I fell to my knees, ended up bruising my right knee, cracking my big toe nail on my left foot and hurting my back – it’s been a few days and I am still sore. I was not in the food court and there were no signs saying that it was slippery.

Can I sue the shopping mall for my injuries?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kristen,

You may not have to sue the mall for your injuries. Instead you may be able to present your claim and have them agree to compensate you for an amount of money sufficient to fairly compensate you for you injuries.

Your first action should be to seek medical attention. When a person is injured any payment to them must be as a result of injuries sustained and the medical bills necessary to treat the injuries.

Mall owners are usually reluctant to pay someone an amount of money just because they fell and suffered minor injuries. If they did many people would say they fell and would file what are called “nuisance suits.”

We do not want to discourage you from pursuing your claim. Instead we want you to be sure you have a valid claim.

Sometimes people file lawsuits which the courts determine to be “frivolous,” or without merit. When that occurs the Judges sometimes become upset and bring sanctions against those people who just want to try and force someone to pay for injuries when there really aren’t any substantial injuries whatsoever.

We are not suggesting you may be one of those people, but under the set of facts you present we thought you might want this information before proceeding.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 2, 2011

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