900 North Michigan Shops is a popular shopping spot in Chicago. The shopping center boasts stores, restaurants, three spas, and a fitness club. It is home to the only Bloomingdale’s in Chicago. It also hosts a variety of events every year, ranging from meet and greets with Santa to Chinese New Year celebrations. The shopping center attracts hundreds of thousands of shoppers and visitors every year. Though most visitors shop, eat, and drink without incident, some suffer injuries after slipping and falling on the premises.
If you are shopping in a store within a store, essentially, how is liability determined? What about the parking lot of the shopping center, or in between a restaurant and the seating area of the foot court?
The answer will depend on which entity is responsible for maintaining the area in which a shopper slipped and fell. For example, the shopping center is most likely responsible for the parking and food court areas. However, individual stores are typically leased from the owner of the shopping mall. These stores do not actually own the space in which they operate. Additionally, there may be maintenance companies contracted by the shopping center to ensure the premises are safe for shoppers and other visitors.
No matter which entity is responsible for maintaining the safety of a shopping center, the elements of the claim will be the same: an entity had a duty to keep the premises safe; that duty was breached; and, due to that breach, injuries occurred.
For example, say a shopper is injured while in a common area within the mall, such as an entryway or food court. To recover for his injuries, the victim may need to file a lawsuit. This lawsuit will need to lay out the duty the shopping center had to its shoppers—which will essentially be maintaining premises that are safe and free from hazards. The victim will next need to establish the breach of this duty. This requires an explanation of exactly how the premises were not safe or free of hazards. For example, perhaps some carpet in a store was ripped, which caused the victim to trip. Or, perhaps a wet floor sign was not displayed after a floor was mopped. As for the victim’s injuries, the victim will need to provide medical records, employment records (demonstrating lost wages), and other types of evidence that show the amount of damages the victim suffered. The damages include the financial harm that the victim suffered—such as medical bills, pain and suffering, lost wages, and other similar losses. Without any of these three elements, a slip and fall claim will fail.
Let the attorneys at Stein & Shulman help you today
Did you slip and fall at 900 North Michigan Shops? Our experienced personal injury attorneys can help you file a claim against this shopping center. Call 312-422-0506 or visit steinshulman.com to schedule your free consultation with our slip and fall attorneys.