A trip to the mall should not end in a trip to the emergency room. Unfortunately, accidents involving broken glass can happen in public places like shopping centers. Whether it was a shattered storefront window, broken display case or damaged fixture, sharp glass can cause serious injuries, including deep lacerations, blood loss, nerve damage and even permanent scarring.
If you were injured by broken glass in a shopping mall, your ability to recover compensation may depend on whether the mall or store owner failed to take reasonable steps to keep the premises safe. Under premises liability laws, property owners have a duty to maintain safe conditions for guests and visitors. If they breach this duty and someone gets hurt as a result, they may be held responsible for the injury.
How can I prove the shopping mall was responsible?
Premises liability claims are based on negligence. To hold a shopping mall accountable, you generally must show that the injury happened because the property owner did not fix or warn about a hazardous condition they knew or should have known about. The following elements are typically required:
- Duty of care: The mall owner or store operator had a responsibility to keep the property reasonably safe for guests.
- Breach of duty: The broken glass was not cleaned up, repaired or marked off with warnings in a timely manner, even though the owner or staff should have known about it.
- Causation: The unsafe condition was the direct cause of your injury. If the glass was clearly visible and avoidable, this might weaken the claim.
- Actual damages: You must have suffered physical harm or financial loss, such as medical bills or missed work, as a result of the injury.
- Knowledge of the hazard: You must show that the hazard existed long enough that the owner should have been aware of it, or that the hazard was caused by the owner or staff themselves.
Obtaining legal guidance can be helpful if you were hurt by broken glass in a shopping mall and want to understand your rights under premises liability law.