Visitor Question

Mother Attacked at Shopping Mall…

Submitted By: Ernest (Louisville, KY)

My mother was at the shopping mall when she was attacked by three teens. During the time of the attack the mall security didn’t come to help my mother at all. My mother’s eye was badly injured in the attack.

Can my mother sue the mall? Does she have any other options? Thanks for any information you can give.

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 Ernest,

That’s a very unfortunate event. The primary issue is your mother’s health. It’s important she seek medical care for her eye.

Hopefully, you or you mother reported the incident to the mall’s management company or the owners. Depending upon where the attack occurred, the mall management may have caught it on videotape. Although they probably won’t turn a copy of the videotape to you voluntarily, it’s important to ask anyway.

If the police were dispatched to the scene you can get a copy of the police report at the local police station or the city records department. Reports are usually under 10 dollars.

It’s very important to have the incident documented in writing, whether by mall’s management, the police, or both. Try to locate witnesses, and take photographs of the exact place where the attack occurred

Your mother certainly has a legitimate claim. A personal injury claim for a serious eye injury should be handled by an attorney. Most attorneys won’t charge any fee for an initial office consultation. If the attorney accepts the case you’ll only have to pay her about 33.3 percent of the final amount, if she recovers compensation for your mother. If she is unsuccessful, your mother won’t owe the attorney anything.

In the interim, don’t sign any documents the mall or its agents may ask you to sign. Don’t accept any money from them either. Your attorney will know exactly what to do.

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: January 8, 2013

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