Visitor Question

Fell Down Escalator at a Mall…

Submitted By: Mary (Abingdon, VA)

I fell down an escalator at a mall (the one that transports people to the higher floor, going up). I felt like the escalator was set to fast speed, it seemed like it but I’m not positive what happened for sure. I ended up with broken rib and I was brushed up bad. I went to emergency room two days later, after I couldn’t hardly breathe due to the pain in my ribs.

How do I file a claim with the mall to get them to pay my doctor bills and time off work? Thanks.

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 Mary,

Contact the mall’s management company. Depending on the size of the mall, the management company may be located in the mall. Hopefully when you fell you reported the injury to mall security. If so there will be an “Incident Report” form. The mall’s management will rely on the report when evaluating your claim and whether they will agree to pay it.

The concern we have is your failure to seek emergency medical care for two days. That gap in time may afford the mall opportunity to say you were injured by an independent intervening force having nothing to do with the mall.

If you didn’t report your injury to the security or management company at the time you sustained it, you are going to have an incredibly difficult time convincing the mall to compensate you for your injuries. Don’t give up. Contact the mall’s management and start the process going. If they decide to deny your claim you can always seek legal representation. Most personal injury attorneys don’t charge for an initial office consultation.

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: May 20, 2013

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