Long Island is home to one of the largest shopping malls in the country: Roosevelt Field Mall. With over 270 stores, dozens of places to eat, and even a movie theater, Roosevelt Field Mall is a great place to spend a few hours shopping or relaxing with family and friends. But as with any heavily-visited location, accidents and injuries are a common occurrence.
If you were injured at Roosevelt Field Mall as the result of a storeowner’s failure to keep a store safe or warn you of dangerous conditions, you are entitled to compensation. For help determining fault and filing a claim, contact a Roosevelt Field Mall accident and injury lawyer at Goldstein & Bashner today: 516-222-4000.
Common Types of Accidents at Roosevelt Field Mall
Accidents occurring at a retail location like Roosevelt Field Mall can range from minor bumps and bruises to serious injuries like broken bones or even death. Shopping can become particularly dangerous during the holiday season, especially on days like Black Friday when more customers visit the mall than normal. Common types of shopping-related accidents that occur at Roosevelt Field Mall include:
Slip and falls
Slip and fall injuries in shopping malls can be the result of multiple situations. Common causes of slip and fall injuries include:
- Spilled liquids on the floor, especially near food courts
- Wet entranceways from rainy or snowy weather
- Aisle or walkway obstructions
- Torn or roughly-worn carpeting
- Dimly lit areas
- Overreaching or climbing for items placed too high on shelves or racks
Elevator, escalator, and staircase accidents
In multiple story shopping malls such as Roosevelt Field Mall, traveling between floors is necessary. Poorly maintained or improperly designed elevators, escalators, and staircases can cause serious injuries to those who use them.
Head injuries caused by falling objects
Shopping malls can be hectic places. Through no fault of your own, heavy objects such as merchandise or store signage, could come loose and fall on you. Depending on the size and weight of the falling object, injuries could range from just a small bump to serious brain damage.
Injuries caused by other customers
Other shoppers and visitors at the shopping mall may steal from you or even deliberately assault you on mall premises.
Other times, other shoppers could injure you during busy shopping sales and events. Such injuries are more common during Christmas shopping events like Black Friday, where hurried shoppers may collide with or trample other mall guests. For both accidental and deliberate injuries caused by other guests, the shopping mall has a duty to provide security for a safe shopping experience.
Parking lot injuries
Even outside the shopping mall, the property owner has a duty to keep the grounds reasonably safe. This means removing snow and ice from the parking area and sidewalks to avoid slips and falls in the parking lot. The property owner must also provide adequate lighting and repair any cracked pavement, potholes, or uneven sidewalks.
Who is liable for my injuries at Roosevelt Field Mall?
In certain situations, it is possible for the individual store, Roosevelt Field Mall in general, or both to be liable for your shopping injuries. Determining who is at fault may be difficult, but largely depends on where your accident occurred. An attorney can help you determine who is liable for your injury and assist you in recovering damages for your injury.
Injuries Inside Individual Stores in the Mall
The individual storeowners and managers at Roosevelt Field Mall owe a duty to customers in and around their stores to maintain the premises in a reasonably safe condition.
As such, if your accident took place inside of one of the mall’s retail stores, then most likely, that individual store will be primarily liable for your injuries.
Under New York law, the tenant in possession (in this situation, the individual store) is liable unless the property owner (Roosevelt Field Mall) has a contractual obligation to keep the property maintained and in good repair.
It is more likely that each individual store at Roosevelt Field Mall is contractually responsible for maintaining its own property. As such, the individual store will have primary responsibility for your injury and the Mall will be secondarily liable.
Injuries Just Outside Individual Stores in the Mall
If your accident takes place directly in front of a store’s entrance, then either the store or the Mall will be responsible for your injury. The law also states that even when a property owner takes responsibility for area maintenance, the tenant may still be liable for a dangerous or defective condition on the premises it occupies.
For example, even it says in the lease that the owner is responsible for keeping the floors in the common areas and directly outside stores clean and dry, tenants are still responsible for ensuring the areas outside their stores are safe from hazardous conditions.
Injuries in the Common Area of the Mall
When an injury occurs in an area unrelated to a specific store, such as the dining area of a food court or park bench along a walkway, the mall itself may be liable for your damages. However, third-party contractors such as maintenance workers and cleaners could also be responsible for failure to maintain the premises under their contractual duties.
As you can see, depending on where your accident occurred and who maintains control over the premises, one or more different parties could be liable for your damages. When in doubt, talk to a Long Island lawyer to find all liable parties.
What to do after an Injury at Roosevelt Field Mall
The first thing you need to do after an injury at Roosevelt Field Mall is report the injury. If you do not report it immediately, the store can argue that you fabricated your injuries or that they occurred elsewhere.
Next, you can begin your claim. In order to prove the retail store, Roosevelt Field Mall, or third party was at fault for your injury, you must prove that the liable party had a duty and obligation to keep the premises safe and that it failed to exercise reasonable care in the performance of that obligation.
To make your case, you will need to collect evidence, including:
- Surveillance video from the store
- Eyewitness testimony and contact information from those who saw the accident
- Medical reports detailing your injuries
- If possible, photographs of the dangerous situation that caused your injury
An attorney on Long Island can assist you with gathering this evidence, particularly the surveillance video.
Be prepared to respond to the store’s excuses. For example, the store may claim that:
- No dangerous condition existed or that the condition was so obvious that you should have reasonably been able to avoid it
- You were negligent or that you assumed the risk of injury through your actions
- It had no knowledge of the dangerous condition or that it took reasonable steps to fix the condition
- You suffered no actual damages
You may want to let an attorney handle communication with the store.
Let the Attorneys at Goldstein & Bashner Fight for You
If you were injured at Roosevelt Field Mall due to someone else’s negligence, you are entitled to damages. Get help today valuing and proving liability and determining the value of your damages. Goldstein & Bashner is here to help you. Contact us today: 516-222-4000.