Slip and Fall Accidents at Naperville Shopping Centers occur when patrons are injured due to unsafe conditions in retail environments. Property owners or tenants, like mall operators or store managers, may be held responsible for these incidents. If you’ve been injured while visiting a store or shopping center, explore your options for a premises liability lawsuit to seek financial compensation.
For assistance with your slip and fall claim, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042.
Common Hazards That Lead to Falls at Naperville Malls and Plazas
A hazard refers to an unsafe condition that could lead to injury on a property. Injuries from slip and fall accidents lead to more than 1 million emergency visits to the hospital in the U.S. annually. Common hazards leading to slip and fall accidents in Naperville include:
- Wet Floors: Slippery surfaces from spills, leaks, or mopped areas often lead to accidents, causing injuries like broken bones or sprains.
- Uneven Surfaces: Cracked tiles, loose floorboards, or uneven carpeting can create tripping hazards, increasing fall risk.
- Cluttered Aisles: Merchandise that is improperly organized or obstacles left in walkways can cause customers to trip.
- Inadequate Lighting: Poor lighting can obscure hazards, making it harder for customers to see and avoid dangers.
- Lack of Warning Signs: Failing to post warning signs for wet floors or construction areas can lead to slips and falls. Inadequate warning signs impact slip and fall claims, as they are essential for informing patrons of dangers.
- Negligent Maintenance: Ignoring repairs like broken handrails or wet floors can create unsafe conditions for customers.
Liability for Slip and Fall Accidents at the Mall
When determining shopping center injury liability, the situation can become complicated due to factors like the specific location of the fall and who had a duty of care at that location. It’s also possible for multiple parties to share liability, which may trigger a slip and fall insurance investigation.
Mall Owner
The mall’s owner is obligated to keep shared areas safe. This includes making sure that areas like hallways, escalators, elevators, parking lots, restrooms, and food courts are free of foreseeable dangers. If the owner was aware, or should have been aware, of a hazardous condition and did not fix it promptly, they could be held liable for injuries that occur.
Individual Stores
Each store within the mall is responsible for maintaining a safe environment for customers. If someone slips and falls inside a store due to a hazard that the store owner was aware of or should have addressed in a timely manner, the store could be deemed negligent and held responsible.
Cleaning Company
If a third-party cleaning service fails to perform proper cleaning or neglects to address a known hazard, they may be accountable for slip and fall accidents that occur because of their oversight, especially if they did not set up warning signs for dangers.
Maintenance Company
Companies hired to maintain the mall also have a responsibility. If they are aware of a dangerous condition they are meant to fix but do not take action, they may be liable for injuries that happen because of that failure.
Sometimes, those deemed liable may attempt to shift blame onto you, arguing that your actions contributed to the accident. However, under Illinois’ comparative negligence laws, you can still receive compensation even if you hold some degree of fault, as long as your level of fault is below 50%. Any compensation awarded will be adjusted according to your percentage of blame in the incident.
How to Prove a Shopping Center Failed to Maintain Safe Conditions
If you sustain an injury on someone else’s property due to their negligence, you may seek compensation. However, it is essential to establish that the other party is at fault.
To hold a defendant liable, you must present evidence of negligence. This involves demonstrating that the defendant violated a duty of care owed to you, leading to an incident that caused your injury. In cases of slip and falls at a mall, your premises liability lawyer will gather evidence to demonstrate three key points:
- The defendant was aware or should have reasonably been aware of a dangerous condition.
- The defendant did not address the hazard or inform the public about it.
- Your injury directly resulted from the defendant’s inaction.
Evidence might include witness statements indicating that a spill remained unattended for an extended period, documentation showing that the mall was made aware of an elevator malfunction, or photographs proving that a wet floor sign was not visible to those walking by. Collecting as much evidence as possible right after the incident will aid in proving your case later.
The process of collecting evidence and investigating can be difficult and expensive. Hiring Naperville slip and fall lawyers can help streamline this process. They can help you gather evidence, such as recording essential details like the location of the accident, the date and time it occurred, the incident report, what caused the accident, information about witnesses, relevant photos, medical documentation, and evidence of lost wages. They can also help you understand your slip and fall case value. If you or a loved one has been affected by a slip and fall accident, contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to initiate your slip and fall case.
