You are walking through the mall parking lot after a round of Christmas shopping when all of a sudden, a mugger comes out of nowhere and violently assaults you. After the incident, the mugger runs off with your wallet and everything in it. Later, you find out that this had been happening for weeks in the same mall. Apparently, the mall did not think it was necessary to hire security.
If something like this has happened to you, then you may be entitled to compensation. This article will discuss premises liability and how it works.
Responsibility Of The Owner
The company that owns the mall is obligated by law to make sure that its customers are safe. This means they are required to take reasonable measures to protect everyone inside of the building.
The owners of the mall must take whatever precautions are necessary when protecting their patrons. These precautions can include:
If the owners of the mall are not diligent about protecting their customers, they can be held liable for the injuries that are sustained. In the example above, it is clear that the owners of the mall were remiss in their obligation to hire adequate security.
Responsibility Of The Injured Party
It's not only the owner of the mall that has a responsibility; the visitors are also required to behave in a way that promotes safety. If you acted in a way that caused your injury, it is very unlikely that you will win your lawsuit.
Here's an example. You go into the mall and decide to ride on the carousel, by standing on the horses. If you happen to fall off and sustain an injury, not only will you look foolish, it is very unlikely that you will be able to file a successful lawsuit.
Status Of The Visitor
In the eyes of the law, visitors can be grouped into three different categories. These categories are invitee, licensee, and trespasser.
An invitee is a visitor that is invited onto the premises of the mall. This can include customers, repairmen, etc. In the case of invitees, the owner of the mall is obligated to take all necessary steps to keep them safe.
A licensee is a visitor who has not been invited onto the premises, but is allowed to be there. This can include sales professionals and other business associates. While they are not invited, the owner is still required to maintain their safety.
A trespasser is someone who enters the property without being invited or permitted. They are on the property illegally. This includes thieves, burglars, robbers, and muggers. In the case of these types of visitors, the owner of the mall is not obligated to maintain their safety.
If you were injured in an incident that was caused by the negligence of the owners of an establishment, you may be entitled to compensation. Consult with a local attorney to find out what steps to take or take your questions to a firm like Watson Law Firm to understand it better.
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