Shopping Mall Accidents

Caution sign in mall - shopping mall accidents

Posted In

Premises Laws

In shopping malls, there are a host of hazards that can be found in food courts, individual retailers, aisle kiosks, and concourses that may cause slips, trips, and falls. In such cases, it may be confusing as to who can be held liable.

The applicable law is the Occupier’s Liability Act which places a duty on an occupier of premises to take reasonable care to see that persons on the premises are reasonably safe while on the premises.Depending on the location of the accident, the occupier who was at fault maybe the owner of the shopping mall itself or the owner or lessor of an individual retail store.

Some of the most common shopping center accident hazards occur inside individual retail stores, where hanging cords, falling merchandise, blocked aisles, and liquid spills can all constitute slipping and tripping hazards, and could lead to serious injury. In concourses and shopping mall entrances, failure to vigilantly clean tracked in mud, snow, or slush can result in serious slipping hazards, particularly in winter and spring months and times of day with heavy foot traffic. Additionally, kiosks can present significant tripping hazards, particularly when requiring electrical power, as improperly battened down power cords are easily overlooked by shoppers.

The Retail Council of Canada published a Health and Safety Checklist, which offers advice for lessening risk to shoppers, including, among others:

  • Having an accessible first aid kit
  • Providing adequate lighting throughout the store
  • Keeping aisles clear of boxes and extension cords
  • Keeping floors dry and clean, posting Wet Floor signage when applicable

Shopping mall administration should follow these guidelines in non-retail areas as well, and ensure that maintenance staff is aware of weather conditions and monitors entrances and heavy flow areas frequently for slipping hazards. The details of where and how the injury occurred will determine who can be held liable, whether that be the individual business owner, both retail store and kiosk, the owner of the property on which the mall resides, or the property management.

If you or a loved one have suffered injury due to negligent store or mall management, call Mackesy Smye.

Reach us at 1-905-525-2341 or contact us through our secure online contact form for a free, no-obligation consultation.

Related Articles

Slips, Trips & Falls - Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Read Article
personal injuries in public spaces in toronto or hamilton ontario

Accidents in Public Spaces: Who is Liable?

Injuries can happen anywhere and just because you bought a ticket or registered for an event, doesn’t mean you waived all legal right to a reasonable standard of care. Read this post to learn more about public space accidents and how to proceed with filing a personal injury claim.

Read Article
Premises Liability. Premises Law, Personal Injuries

Premises Law: Understanding Premises Injuries

Owners and landlords need to maintain premises so as a visitor or a guest, you're safeguarded from danger and aren't put at risk due to negligence. This article offers insights to help you understand premises injuries and determine if you have a case - click to read more.

Read Article
personal injury law - property liability

When Can a Property Be Considered Dangerous?

It is important to know that both property occupiers and owners have a legal responsibility to avoid exposing lawful visitors to any risks on the property. It is important to keep the property safe. What constitutes a dangerous property? Read this post to learn more.

Read Article

Duty of Care in Drunk Driving Accidents

In alcohol-related accidents, the drunk driver is at fault, but he’s not alone. The list of culpable parties extends beyond the drinker, though to those who served the drunk driver. Is it possible to hold everyone involved responsible? Read this article to learn how to hold others accountable.

Read Article

Elevator Failure - Who's Responsible?

It’s the nightmare scenario – traveling from floor to floor in a high rise building when the elevator shudders, coming to a sudden halt. Concern turns to panic as minutes seem like hours waiting for help, while worrying about the elevator failing & plunging to the bottom floor. If you’ve suffered anxiety or injury in an elevator failure, read this article to learn your options.

Read Article
Templates Library
Loading, Please wait...
The Library cannot be open, please try it again later.
This field is required.
Invalid email format.
Some of the fields are not filled or invalid.
Form Template
Select a Form Template
Available fields in the selected template: