Most Florida communities have a indoor shopping malls. Certainly, there are strip malls and shopping districts in every community. Most shopping centers are family oriented and friendly. Children frequently visit and welcomed as guests and customers. Unfortunately for some children, a shopping center / shopping mall is the site or location of a serious personal injury. Is a shopping center or shopping mall liable every time that a child is injured on the premises? The simple answer to this question is “No”. The key words to this inquiry are “every time”. Under Florida law, a property owner is not an absolute insurer for the safety and well-being of a child visiting the shopping center or shopping mall. In other words, the property owner is not responsible for every single incident involving the personal injury of a child. Like other legal matters involving injuries, the liability of the property owner, landlord, and / or tenant will depend on the particular facts and circumstances of the case. A shopping center / shopping mall owner, landlord, or tenant can be held responsible for the personal injuries of a child if it can be proved that the injuries resulted from the failure to act in a reasonable manner. In many cases, there must be proof of some notice or knowledge on the part o the property owner, landlord, or tenant that there was a dangerous condition on the premises and that there was a failure to act timely to repair the dangerous condition or at least warn visitors and secure the dangerous area.
Like other personal injury matters in the State of Florida , there are essentially four elements in order to establish a case on behalf of an injured child against a shopping center or shopping mall. These elements are as follows:
2. Breach of Duty;
3. Causation, and
Let’s take a look at a potential case further explore the elements in order to establish the case for a minor child injured at Florida shopping center / shopping mall. A child is walking in the common area inside the mall and trips in an area where there are missing and broken tiles. As a result of the fall, the child fractured / breaks his arm. The area in question was known to the landlord / property owner for several weeks yet no action was taken to repair the problem OR otherwise contain the area with barriers and / or cones. Under this general fact scenario, a case or claim could be pursued on behalf of the injured child. While there is no guarantee that any particular claim or case will result in a settlement or favorable judgment, it appears that a case of this nature could be pursued and taken to trial.
The book titled – The ABCs of Child Injury – Legal Rights of the Injured Child – What Every Parent Should Know – has chapters on Shopping Center / Shopping Mall Injuries, Automobile Accidents, Playground Injuries, and other topics. You can get this book for free at The ABCs of Child Injury.