Just because you got injured in a shopping mall (or any public property), it doesn't mean that the mall owner should pay for your injuries. A property owner is only required to compensate for injuries on their premises if they are responsible for such injuries. If you file a premises liability lawsuit, here are some of the questions the court will want you to answer to determine whether the property owner is liable for your losses.

What Were You Doing At the Property?

One of the first things the authorities will analyze is what you were doing on the property on which you were injured. Were you there on business, were you there illegally or were you there to meet someone? This question is important because it determines the level of duty of care the property owner owed you. As a rule, property owners owe the greatest duty of care to those who give them business (invitees) and the least duty of care to trespassers. Therefore, your chances of holding the property owner liable for your injuries are greatest if you can prove you were there at the owner's implicit or explicit invitation.

What Caused Your Injury?

You also need to know the exact cause of your injury and prove that it was something under the owner's control. This is necessary because even third parties can cause you injury on another person's property. For example, a property owner may not be liable for your injuries if a criminal attacks you on the premises (though there are exceptions).

Was the Injury Foreseeable?

A property owner is only liable for injuries they could have foreseen and prevented. For example, property owners should foresee slip and fall accidents on wet surfaces, assault injuries on dark parking lots or trampling injuries during an ongoing popular sale. However, property owners cannot foresee sinkhole accidents (this is an act of nature) or accidents due to visitors' negligence.

Did the Owner Take Any Measures to Prevent Such Injuries?

Lastly, the court will also evaluate the property owner's actions leading to the accident. This is because property owners are expected to take the necessary measures to prevent foreseeable injuries in the best way possible. For example, property owners should prevent slippery floors, keep people away from slippery floors or warn people about slippery floors so as to prevent slip and fall accidents. A property owner who fails to take such measures may be liable for the slip and fall accidents their injuries may cause.

For more information, contact your local personal injury lawyer today.