Visitor Question

Fractured foot in mall parking lot…

Submitted By: Angeal (Winston Salem, NC)

I suffered a Jones fracture to my foot as a result of slipping in the mall parking lot, during a downpour of rain.

Unfortunately, I did not seek assistance from security on the premises and they did not complete an incident report at the time. But I did have my daughter take me to the emergency room.

May I seek compensation for my medical bills and/or my personal injury? How can I present a case if the security on the premises weren’t notified at the time of the injury? Is there anything I can do? Thank you.

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 Angeal,

This is a case of premises liability, which represents an owner and/or management company’s legal “duty of care” to keep the premises (property) safe for all persons legally upon it. To get a better understanding of liability in these types of claim, read this article on the duties of property owners and visitors.

The parking lot owner and/or the company managing the property had a legal duty of care to do everything reasonably possible to keep the parking lot safe for you. If the owner and/or management company had allowed a dangerous condition to exist, which clearly might have result in injuries to persons legally upon the property, the owner and/or management company would be negligent.

Learn more about the concept of negligence in personal injury claims here.

While you clearly sustained a serious and painful injury, from the facts you present the owner and/or management company for the parking lot doesn’t appear to have been negligent.

There might be an exception. To have any chance of proving the owner/manger of the property was negligent, you would need to show the state of the property was in violation of the local or North Carolina State building code, or prove through expert testimony that there was not sufficient run-off for rainwater to properly dissipate.

To pursue a personal injury case like this would require representation by an experienced personal injury attorney. Fortunately, most injury attorneys do not charge for initial office consultations. Bring with you to the consultation copies of your medical bills. If possible, take photographs of the area where you fell, and the surrounding area.

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 15, 2015

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