Smith Haven Mall Injury Lawyers

Smith Haven Mall is mid Long Island’s main shopping mall. With countless stores and restaurants, Smith Haven Mall is a great place to shop, grab a bite to eat, or just waste a few hours window shopping. However, visiting a popular mall like Smith Haven comes with a serious risk of injury. Every year, dozens suffer injuries while on store property.

Under New York Law, the mall has a duty to keep customers safe. If they fail to keep you safe from accidents caused by negligence or dangerous conditions at the mall, you may be entitled to compensation for your injuries. To schedule a consultation to discuss your case, call a Goldstein & Bashner Smith Haven Mall accident and injury lawyer today.

Types of Accidents that Happen at the Smith Haven Mall

Busy weekends and hectic holidays result in crowded, noisy shopping here in New York. With the larger-than-normal crowds, injuries of all types are bound to happen. The most common types of accident that may occur at the Smith Haven Mall include:

Slips and falls:

Multiple different things can cause slip and falls or trip and falls at the Smith Haven Mall. Resulting injuries can be minor bumps and bruises or more serious injuries like broken bones. Common causes of slip or trips and the mall include:

  • Puddles and spills
  • Obstructions in aisles or walkways
  • Dim lighting
  • Uneven flooring caused by torn carpeting, cracked tiles, or uneven sidewalks

Falling object accidents:

Malls are full of overhead items including sale signs and other advertisements, holiday decorations, lighting fixtures, ceiling tiles, and shopping items on high shelves or racks. If these items come loose, serious head injuries or broken bones can result.

Parking lot injuries:

Parking lot injuries are common at Smith Haven. Ice and snow accumulation on sidewalks or cracks in the pavement can cause a customer to fall; a distracted driver can hit another car or a pedestrian.

Injuries caused by other shoppers:

Customers can suffer injury through other customers at the mall. Theft, assault, or even being trampled by a large crowd is a potential risk when shopping at a crowded mall.

Who is liable for my injuries at the Smith Haven Mall?

Depending on where your accident took place, one or more parties may be liable for your injury. Determining which of these parties may be at fault for your accident can be difficult. The accident attorneys at Goldstein & Bashner can evaluate your case and examine all angles to identify all potential liable parties.

If the accident occurred in a store:

Most likely, if the accident occurred inside a store in the mall, that store will be primarily liable for your injuries. However, the mall may be secondarily liable if it helped contribute to the dangerous condition or negligence that led to the accident.

If the accident occurred in a Smith Haven Mall common area:

When an accident occurs in seating areas, walkways, or the parking lot, victims will likely hold the mall liable. This is due to the fact that the mall maintains control over these areas and is responsible for dangerous conditions on-site.

However, third parties, such as cleaning and maintenance crews may also share liability if they contributed to the unsafe or hazardous condition.

If the accident occurred in an area where both a store and the mall have some control:

In shared areas, such as the food court or the entrances of stores, it is possible for both the mall and the individual stores to be liable.

For example, if a restaurant in the food court spills liquid into the common sitting area of the food court and a customer slips and breaks their leg, it is likely that both parties will be to blame.

The food court restaurant is responsible for making the mess in the first place, but the mall staff could be responsible for ultimately providing a clean, slip-free floor for customers.

Determining and proving liability can be a difficult task, especially when recovering from injuries. Our firm has experience filing claims against all types of negligent parties, including individuals, maintenance companies, and even the biggest malls in the area.

Collecting Evidence after an Accident at the Smith Haven Mall

It can be difficult to prove negligence or the existence of a dangerous condition. Without proper evidence, you are unlikely to win your case. After informing the property owner or manager of the accident and seeking medical attention for your injuries, you should try to collect the following pieces of evidence. If possible, you can send a friend or family member to collect this information on your behalf.

You should collect:

  • Eyewitness testimony and contact information (this information should be on the incident report)
  • Medical reports and paperwork detailing your injuries
  • Contact information from anyone involved in the accident, including employees on-the-clock at the time of the accident
  • Photographs of the dangerous condition that caused your accident
  • Surveillance footage from the mall, store, or nearby traffic camera

Our firm handles evidence collection for our clients to ensure they can focus on their own physical recovery. Having a lawyer collect information also allows the client to have a bigger pool of evidence to choose from (it is difficult for the average person to collect surveillance videos or employee information).

What can I recover?

If you are able to prove the mall or another party was negligent, you may be able to recover compensation for all of the following:

  • Medical bills
  • Pain and suffering
  • Lost wages
  • Lost earning potential
  • Lost business opportunities
  • Emotional distress
  • Punitive damages (rare, courts only award in cases where the negligence was egregious or the act was intentional)

Get Your Case Started Today

Do not simply walk away from a serious accident at the Smith Haven Mall. If a store, the mall, or even an employee’s actions or negligence caused or contributed to your injury, you deserve compensation.

The Smith Haven Mall accident and injury attorneys at Goldstein & Bashner can help you collect evidence and build a case against the Smith Haven Mall or another negligent party.

©2024, Goldstein and Bashner All Rights Reserved | Disclaimer | Privacy Policy | "Captree Sunset" Photo Credit: Unique Images/Martin Losco