Visitor Question

Does the lack of slip and fall safety signs prove liability?

Submitted By: Lamar (Carbondale, IL, USA)

I was running in the mall, and I didn’t see a sheet of ice. I fell on it and slipped right in front of the shopping mall, and now my lower back hurts really bad, but the hospital says the x-ray only shows it’s bruised.

Do I have a lawsuit if there were no slip and fall safety signs indicating any hazard?

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 Lamar,

Lamar:

Hope you are feeling better. The difficulties you would encounter pursuing a claim against the owners of the mall parking lot would outweigh the benefits. The type of injury you sustained is referred to as a “soft tissue” injury. Normally those types of injuries do not merit substantial settlement amounts. At most you could expect to receive reimbursement for any of your medical and possibly chiropractic bills.

The lack of signage in the parking lot would not have much of an effect on your claim. Additionally, your running through the mall out onto the ice would not be in your favor.

Although the owners and managers of the mall parking lot have a duty to take reasonable efforts to protect their customers, as long as they took reasonable steps to melt or clear the ice, events such as ice, rain, snow and high wind are legally referred to as “Acts of God,” and will normally excuse them from liability. In other words once the owners have taken reasonable action they can not be held liable if the temperature continues to hover just below 32 degrees Fahrenheit.

You might want to contact the management office at the mall. Bring them your hospital bills and ask them to reimburse you. You never know. They just might.

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: February 11, 2011

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