Sep 232013
 

It depends on the facts surrounding the accident. Shopping malls and plazas owe a duty of reasonable care to shoppers. They are not required to guarantee the safety of shoppers from accidents such as walkway pedestrian accidents. However, if the mall or store had reason to know of a specific danger and failed to rectify or otherwise warn of the danger, it may be held liable in Pennsylvania or New Jersey.

Businesses such as malls and shopping centers are required to provide reasonably safe premises. The property, including the parking lot or parking garage, must be reasonably safe. When a pedestrian is injured in a shopping mall parking lot or parking garage, the shopping mall or center may be liable for the following types of negligent behavior:

  • failure to properly design the parking lot/garage,
  • failure to maintain trees or shrubs which affected visibility,
  • failure to warn shoppers of the risks of speeding drivers,
  • failure to post speed limit signs, and
  • failure to post pedestrian crossing signs.

Pedestrian accident cases which occur at shopping mall parking lots often require very careful accident investigation. Oftentimes, an accident reconstruction is necessary. In addition, a traffic engineer may be necessary to review the traffic flow of the parking area to determine whether there were any irregular flow issues which contributed to speeding, congestion, etc.

Related:

Pennsylvania Pedestrian Accident Lawyer

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