Who Do I Sue if I Fall in the Food Court in the Mall in Texas?
Who Do I Sue if I Fall in the Food Court in the Mall in Texas?
People love to go to the malls in Texas on the weekends. It’s a great way to spend an afternoon. You shop until you drop and then you go eat some lunch in the food court. We’ve all been there before. It’s not always the cleanest place. People eat and spill their food and drink and leave it on the floor. No matter how hard the cleaning crews work, they can’t always keep up with the patrons. However, that doesn’t mean it’s okay for the mall to have unsafe conditions in the food court. It’s not your fault that they’re not able to clean up after messy customers.
No matter how busy they are, or how messy customers are, the mall is required to keep the floors clean and safe. When you and your family go to eat lunch at the food court, you shouldn’t have to worry about falling and getting hurt. And, it’s not up to the individual restaurants to keep the food court clean. This is the responsibility of the mall and their management company. They hire maintenance and janitorial companies to keep the mall clean and free of debris. If they fail to do this, then they’ll be responsible for any injuries that result.
This means that, if you fall in the food court at your local mall and get hurt, you may need to file a legal claim. You can file a claim with the mall’s insurance company, but there’s no guarantee that they’ll pay it. You may need to call an experienced personal injury attorney in the Beaumont area.
Your Texas Car Accident Lawyer Will Need to Prove Negligence Against the Mall
If you fall in the food court at the mall, your attorney will need to file suit against the mall owners. If they use an outside company to handle maintenance, they’ll also need to be named in the suit. Either way, your Texas injury lawyer will need to prove negligence in your slip and fall lawsuit. In order to do this, they’ll have to prove the following:
- The mall owners owed you a duty of care. Because you were an invited guest into the mall, they do owe you a duty of care. This duty is that they’ll maintain safe and clean premises for you to use. They are supposed to make sure there are no unsafe conditions on their property. This includes the food court.
- They breached this duty. If you can show that there was a wet spot on the floor or any other unsafe condition, you’ll prove breach. One way to do this is using video or pictures. If you fall, you may want to take pictures with your phone, showing the spills or debris. Otherwise, the mall will just clean it up and pretend you fell on your own.
- You were injured. You need to go to the hospital right after your fall. Otherwise, there’s no way to prove that you were hurt. You need medical records so your attorney can submit evidence showing that you were indeed injured.
- Your injuries were caused by the defendant’s breach. One of the reasons we always tell our clients not to wait too long to get medical treatment is because of causation. If you wait a few days to get treatment, the defendant will argue that something other than their breach caused your injuries. They’ll say you fell and got hurt at some point after your visit to the mall. It can be hard to disprove this and you never know who the jury or judge is going to believe.
Contact a Personal Injury Lawyer in Texas Right Away if You Fall in the Mall Food Court
If you do fall in the food court and get hurt, then you may need to call our office. You can talk to an experienced personal injury attorney and find out if they can help you get the money you deserve. The food court is part of the mall. The mall owners and management will be liable for any injuries that happen on their property. This means that you’ll probably have to file suit against the mall owners. This can be intimidating. Going up a large company like this isn’t something you want to do on your own. They can take advantage of you or try to railroad you into a low settlement. Let your personal injury law firm in Texas handle the case for you. They’ll work hard to get you as much money as possible.
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