Slip and Fall Injuries in Malls

Each year, on the day after Thanksgiving, thousands of Americans line up before dawn outside stores, outlets, and malls to get the latest door buster sales on all sorts of consumer goods. A lucky few walk away with deals, others leave empty-handed, and many more of us, perhaps those who have been sleeping off the big turkey dinner the night before, view the bedlam on our televisions from the comfort of our own homes.

Most Americans are familiar with the large crowds and negotiating parking lots to find a spot, but what happens when a shopping trip turns into a trip to the emergency room or doctor’s office? In Massachusetts, a landowner must act as a reasonable person in maintaining a property in a reasonable safe condition in view of all of the circumstances, including (1) the likelihood of injury to others, (2) the seriousness of the injury, and (3) the burden of avoiding risk.

Does the storeowner need to be aware of the wet floor or other hazardous condition? It depends. Massachusetts’ highest court has recognized that it can be difficult for an injured party to prove an owner actually knew or should have known about a dangerous condition.

Notice of a hazardous condition requires a determination of: (1) whether an owner could reasonably foresee that a foreseeable risk stemming from the owner’s “mode of operation” could occur and (2) whether the owner exercised reasonable care in maintaining the premises in a safe condition commensurate with these foreseeable risks.

For example, in a case where a customer sustained serious injuries after slipping and falling on a grape, a grocery store could be considered to have notice of the dangerous condition where it was reasonably foreseeable that the store’s produce could end up on the floor.

Similarly, a storeowner can be liable for dangerous conditions caused by third parties, i.e. other customers. Liability only attaches, however, if the owner could reasonably foresee that the dangerous condition could occur, resulting from the owner's chosen mode of operation, and the owner took inadequate steps to forestall resulting injuries.

A commercial landlord, like an owner of a mall, has a duty to keep the premises in a safe condition; the landlord is liable for personal injury when either (1) he or she agrees to be liable under the terms of a lease, or (2) an injury occurs in an area of the property over which the landlord has some control..

Massachusetts courts only impose liability upon a commercial tenant if he or she occupies the entire premises. For example, a commercial landlord was not liable for injuries from a slip and fall injury when the company had leased the entire premises to the United State Postal Service.

If you or someone you know has been injured by, you may be entitled to compensation. To speak with a highly experienced premises liability lawyer phone Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.

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