Named after the famous American poet and the street on which it is located, Walt Whitman Shops in Huntington Station, New York is a convenient place to shop, dine, or even go to the spa. But with crowds of people visiting the mall, injuries are common. If you or a loved one was injured at Walt Whitman Shops, you may be entitled to compensation. A Walt Whitman Shops accident and injury lawyer can help you navigate the process.
Accidents that Occur at Walt Whitman Shops
Like all crowded places, Walt Whitman Shops is prone to minor accidents and even arguments between shoppers. You may decide to forgive a store owner or another customer for simple bumps or bruises caused by an innocent mistake.
But you should never ignore serious injuries like broken bones or head trauma. You never know what even the simplest of injuries could evolve into down the road.
Knowing the most common types of injuries that occur at Walt Whitman Shops can help you avoid being injured yourself and can help you to identify who may be at fault if you are injured while shopping. The most common accidents include:
Slip & Fall Accidents
As with any business, customers are likely to slip or trip while on the premises. Store owners have a duty to keep their property free of ice or snow and slippery substances like spilled food or cleaning chemicals. Uneven flooring, sidewalks, dim lighting, and obstructions in aisles or walkways can also contribute to slip or trip and fall accidents.
Whether in the parking garage, on the sidewalk, in a store, or in the Shops’ common area, all areas should be free of slippery or trip-inducing conditions.
Elevator, Escalator & Staircase Accidents
Because Walt Whitman Shops has two floors above ground and one below, there are staircases present all over the area, especially in the parking garage. If the property manager neglects to maintain the elevator, escalator, or staircases, serious injuries can and often do result.
Falling Object Accidents
Head injuries caused by falling objects in stores and the Shops’ common area do happen. Heavy objects like store merchandise or signs advertising sales can come loose and fall on shoppers. Serious cuts, bruises, and even brain trauma can result.
Accidents Caused by Other Shoppers
While shopping, you may be the victim of an assault by another customer. Nationwide there have been horror stories of muggings and even trampling accidents during huge holiday sales.
Walt Whitman Shops has a duty to keep its customers safe, even from each other, by providing adequate security and monitoring both the inside and outside of the mall.
Who is liable if I am injured at Walt Whitman Shops?
Depending on the circumstances and the location of your accident, either the individual store or the mall, in general, will be liable for your injuries. In some cases, both the store and Walt Whitman Shops will be jointly liable. Other times, a maintenance company or another third-party may also be liable. An attorney can help you determine all the parties at fault.
Injuries Occurring in a Store
Under New York law, individual stores are primarily liable for all accidents occurring on their premises caused by dangerous or defective conditions.
However, this responsibility is alterable by contract. In those situations, the Shops or a third-party may be liable. Furthermore, even when the individual store is primarily liable, the mall’s property owner may still be secondarily liable for your injuries.
Injuries Occurring in a Walt Whitman Shops Common Area
Accidents can occur in common areas of the mall such as the food court, parking garage, cell phone charging and sitting areas, and the walkway concourse between stores. When this happens, Walt Whitman Shops itself is most likely liable for your injuries. However, third parties, such as cleaning and maintenance crews may also be to blame for unsafe conditions.
Regardless of where your accident took place, if you were injured due to the negligence of someone else at the mall, you are entitled to compensation.
If you require assistance determining who to file a claim against, contact the accident attorneys at Goldstein & Bashner today.
Injuries Occurring in Ambiguously Controlled Areas
Some areas, such as individual store entrances may be under the control and maintenance of both the individual stores and the Shops in general.
As such, liability for accidents occurring in these areas may fall on either the store or the Shops. The most important factor to consider when trying to determine liability is to look at who controls and maintains an area.
For example, are the Saks Fifth Avenue employees responsible for cleaning the floor and hanging signs in the area where you were injured? Or is that area the responsibility of Walt Whitman Shops?
What evidence should I collect after an injury at Walt Whitman Shops?
In order to prove negligence and recover compensation for your shopping injury, you should obtain several pieces of evidence as soon as possible after your injury. These include:
- Medical reports detailing your shopping injury
- Surveillance footage from the Shops or store
- Witness testimony and contact information
- A list of the employees on duty at the time of your accident
- Photographs of the dangerous conditions that caused your accident
In addition to collecting this evidence, you should inform the property owner and store managers of your accident. This will prevent other shoppers from being injured in the same way and may help facilitate settlement. Before accepting any settlement offer from the Shops, you should speak with an attorney to make sure the offer is fair. An attorney can also assist you in collecting any evidence that you have been unable to procure yourself.
The Accident Attorneys at Goldstein & Bashner Can Help
Do not simply walk away from a serious injury at Walt Whitman Shops. The people responsible for creating the dangerous conditions that led to your accident, or their employers, should be accountable. Get help today valuing the dollar amount of your claim and proving the Shops was liable for your injuries. Contact Goldstein & Bashner at 516-874-4362.