Slip and fall at a mall: what to know about your rights
Slip, trip, and fall incidents are among the most common injuries at shopping malls. Food court spills, wet entryways on rainy days, freshly mopped floors without signs, loose mats, and uneven walkways can all cause serious falls.
Mall common area or inside a store?
Where you fell can affect who is responsible. The mall owner or management company usually controls common areas like walkways, food courts, restrooms, and parking. A tenant store typically controls its own space. Cleaning or maintenance contractors may also be involved. Sometimes more than one party shares responsibility.
What generally has to be shown
In California and most states, an injured person generally must show that a dangerous condition existed, the responsible party knew or reasonably should have known about it, it was not fixed or warned about in a reasonable time, and the condition caused the injury. Inspection and cleaning records and surveillance video are often key.
Evidence to gather
- Photos of the exact spot, the substance or defect, lighting, and any (or no) warning signs
- The incident report number and names of staff or security you spoke with
- Witness names and phone numbers
- The shoes and clothing you wore
- Medical records and receipts
Mall surveillance video may be overwritten quickly, so a prompt written request to preserve it is important. See our step-by-step guide: what to do after getting hurt at a mall.
If you were partly at fault
Under California’s comparative fault rule, being distracted or wearing certain shoes does not necessarily bar a claim, though it may reduce recovery. Rules differ in other states.
Have questions about your situation? An attorney can review the facts with you for free and with no obligation.
General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.
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