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Shopping Mall Negligence For A Slip and Fall Injury

When Can a Shopping Mall Slip and Fall Injury Result in Compensation?

A slip and fall injury can happen to anyone at any time. They can happen at home, at work or school, or in public places like a shopping mall. When a slip and fall injury occurs at a public place like a shopping center or store, it may be possible for the injured person to file a personal injury lawsuit to receive compensation for their injury, but certain conditions must be met for a lawsuit to proceed.

Common Reasons For Slip and Fall Accidents

Slips and falls are very common, and the fact is that most of them never result in an injury. We slip, catch ourselves, and move on with our lives or we have a small tumble, get up, and move along. When a slip and fall injury occurs in a mall, there are typically one or more factors influencing the incident and its outcome.

  • The floor was covered in liquid.
  • There was food or debris on the floor or pathway.
  • The floor was still wet from being cleaned.
  • The floor was slick from the shiner or degreaser.
  • Wet or snowy weather conditions led to a slippery floor.

Slips and falls can happen outside the mall too, in the parking lot or exterior walkways. Those incidents may be caused by:

  • Broken pavement or potholes.
  • Debris or trash in the walkway.
  • Weather conditions.
  • Puddles
  • Broken sidewalks, pavers, or tiles.

Is the Shopping Mall Liable For Your Injury?

Many people believe that if they slipped and fell at a public location like a shopping mall, the shopping center would be liable for any injuries they sustained, but this is not the case. In order to be held financially responsible for the incident, the shopping center (or their management representative) must have been negligent in their duty to provide a safe walking surface. The court generally uses the following criteria to determine if the shopping mall was negligent:

  1. Mall management was aware of a potential hazard (i.e. spilled liquids, broken pathways, debris, etc.)
  2. Management ignored the hazardous conditions.
  3. This inaction resulted in your slip and fall.
  4. You suffered an injury as a result of the fall.

The reasoning is that if management had not ignored the hazard, you would not have fallen or been injured, therefore, they should be held responsible for any injuries sustained. It’s important to note that you must have suffered an actual injury to prove that harm occurred to you. Without an injury, the case is unlikely to proceed.

Depending on where the accident happened, individual stores in the mall may be liable for the slip and fall injury and not the shopping mall itself. If the accident happened in a specific store, that store will usually be held responsible since they are responsible for the care and upkeep of their location.

Did Your Slip and Fall Injury Result From Negligence?

A personal injury lawsuit can help injured parties obtain compensation from the person or business who was negligent. An Eisenberg Law Offices personal injury lawyer can help you obtain compensation to cover medical bills, future care or treatments, lost wages, pain, and suffering, and more. Our team has handled a wide variety of public premises slip and fall cases, including those that have occurred in a shopping mall.

To determine if you have a slip and fall case, schedule a free consultation with an Eisenberg Law personal injury attorney by calling 608-256-8356 or emailing



Eisenberg Law has successfully represented our clients in thousands of Personal Injury, Criminal Defense and Family Law Cases during our 30-plus years in business.