Shopping in Upstate New York can turn into a nightmare when mall owners or store owners act or fail to act with negligence. Accidents during key shopping periods, such as the Christmas holiday, for instance, may have a devastating impact on multiple people. If you were injured or a loved one was killed in a shopping mall accident, you should call the strategic Syracuse premises liability attorneys of DeFrancisco & Falgiatano. With more than 30 years of experience going to trial and negotiating with insurers, we understand how to present clients’ cases to get the best available damages awards, given the circumstances.
Shopping Mall AccidentsOur firm handles all kinds of shopping mall accidents. These may be the result of maintenance problem such as unsecured electrical cords or worn carpet, spilled liquid, negligent security and third-party violence, slippery waxed surfaces, inadequate lighting, crowd control problems, failure to maintain a parking lot, truck or loading dock accidents, elevator accidents, improperly stocked shelves and falling merchandise, defective or inadequately maintained escalators, and broken shopping carts. Whether you were burned or suffered broken bones or neck injuries as the result of conditions in a shopping mall, you may be able to sue for damages by retaining an attorney to file a premises liability lawsuit.
Premises LiabilityPremises liability lawsuits in and around Syracuse are types of personal injury lawsuits in which accident victims are able to recover damages from property owners and occupiers, such as the malls themselves, or an individual store. Our lawyers will typically need to prove: (1) you were injured by a dangerous property condition, (2) the condition wasn’t trivial, (3) the property owner knew or should have known about the problem and had a chance to fix it, and (4) actual damages.
A dangerous property condition could include, for instance, a broken handrail on stairs that go from the first level of the mall to the second level. Another potential dangerous property condition could include slippery bathroom floors in a mall restroom that has just been mopped when no warning signs have been placed. There may be a dangerous property condition when boxes are stacked too high in an electronics store; serious injuries could be sustained by falling DVDs or televisions.
After an accident, when possible, it is wise to take a photograph of the property condition you believe was dangerous and caused you harm. You should also get names of witnesses. Seeking an experienced attorney as soon as possible is also a good idea. In some cases, there is surveillance footage that shows what happened and when it happened, and this can go towards establishing your version of what happened. For instance, if you slipped on a banana peel and fell in a poorly lit area and sustained fractured ankles and wrists, mall surveillance footage could show the poor lighting and how long the banana peel had been there.
Comparative NegligenceIt is important to be aware that the defendant mall owner or store may argue that you were comparatively negligent and that, therefore, your damages should be reduced even though you were badly hurt. Under the doctrine of comparative negligence, an amount equal to your percentage of responsibility for an accident will be deducted from the damages award, regardless of how severe the injuries and how much better a shopping mall can handle the losses than you can.
DamagesThe nature and severity of your injuries will determine what damages our lawyers can recover on your behalf. Both economic and noneconomic damages are available once liability is established. Losses that may be recovered in the form of damages include medical bills, lost wages, pain and suffering, loss of enjoyment, out-of-pocket expenses, and replacement services.
Seeking the Best Outcome in Premises Liability LawsuitsIf you were harmed or a loved one died in a shopping mall accident in Syracuse, you should call our veteran trial lawyers. DeFrancisco & Falgiatano represents clients in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000 for a free consultation.