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: