Is the mall responsible for any injuries that may occur on an escalator? I don't think it was broken but I tripped and fell.

I was shopping with my grandmother at a mall near Disneyworld.  As we were descendinge the escalator, which was poorly-lit, I slid across the floor and fell, sustaining a physical injury on my left wrist and knee.  Can I sue the shopping center under premise eliability?

Answers (1)

The courts have held that there must be more than proof of a fall or a slip to hold a property owner liable.  A plaintiff may recover only if he or she does not know about the condition and the landowner had knowledge of it.  Property owners who have or should have a reason to foresee that individuals will find it necessary to come across an obvious danger owe a duty of reasonable care to either take reasonable steps to protect such persons from the danger or to warn them of the latter.

A property owner must act as a reasonable person in maintaining the premises in a reasonable safe condition in light of all the circumstances, including the seriousness of the injury and the likelihood that others will be injured. Courts have allowed recovery for a slip and fall on escalator as well as on a staircase caused by changes in floor level or step-downs.  Insufficient demarcation between lowered and raised areas or an inadequate warning of the drop in combination with improper lighting have been found to be grounds for liability.

Contact A Lawyer

0people found this useful

(1 Votes)

Not sure where to start? Use this form to contact an experienced attorney. They will provide a free consultation and assist you with choosing the right path for your case.

Talk to a Lawyer

steps

Describe Your Case

Tell us more about your case so that we can show you lawyers that serve your area.

 
Please Log in to answer questions.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

LA-WS5:0.9.17.120208.12696+