My 18 month old son and I went to the mall, it was first thing in the morning when the mall opened. I took him to a toy area where there is an octagon shaped mat and some ride-on toys (the ones you put a quarter in and they go back and forth) on the outside of the mat.
My son was walking from one toy to the next when his shoe stuck to the floor and his foot came out of his shoe. He fell head first into the sharp corner of a ride-on toy. My sister and I noticed when we went to him that there had been a spill on the floor that had dried and became sticky.
There was a janitor cleaning the other toy section so my sister ran to get her and show her what had just happened. She said to me the night shift janitors did not clean up a the spill. She then called security down to take an incident report. The security guard had my sister write a statement while the security guard took pictures. He photographed the floor and then asked for a picture of my son’s shoes, but never once asked for a picture of my son’s injury.
I had to take days off work to tend to my son, so I asked the mall if they were going to compensate me for the incident. They said no. I am just wondering what my rights are and if they are liable?
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.
Thankfully your son wasn’t seriously injured. Without injuries you really don’t have a case. Although you mention your son was injured you didn’t say what his injuries were.
If he was taken to a local hospital or local medical clinic, and as a result you incurred medical bills, then those medical bills, and possibly an amount of the lost wages you incurred when tending to him, might be recoverable.
Without medical bills, your attempts to force the management or owners of the mall to compensate you for your lost wages may be futile.
If what follows is true, compose a letter to them which reads something like this (add the medical bills if you have them):
ABCD Mall Management
On _____2011 I took my son to your mall. It was about 10:00 a.m. and the mall had just opened.
While my son was playing on one of the recreation areas he slipped on a gooey liquid substance and fell head-first into one of the “ride on toys”.
At the time my son was injured my sister located one of your janitors. The janitor told her the gooey liquid substance was probably some spilled soda or other substance which the night shift janitors neglected to clean. The janitor took photographs and helped create an incident report.
The fall resulted in bruising and lacerations to my son’s head. As you can imagine he was upset, and so was I.
We left the mall and headed home.
As a result of his injury, and my need to care for him while he was recovering, I had to take ___ days off from work.
The amount of wages I lost was $___.00 dollars. I would appreciate it if you would be kind enough to reimburse me for that amount.
Hopefully this letter will help to get you reimbursed for your lost wages. That’s about all you can expect.
If management refuses to cooperate you can always consider filing a Small Claims Court lawsuit.
Without medically documented injuries though, your chance of prevailing in Small Claims Court will be minimal.
Learn more here: Shopping Mall Accident Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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