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RI Injury Attorney: Mall & Shopping Accident in Rhode Island

Rhode Island shopping mall accidentsMalls and shopping centers in Rhode Island are legally required to maintain their premises safely for shoppers, employees, visitors and guests. If someone is injured at a strip mall, outdoor shopping center or an indoor mall, it is crucial that the victim retains a Rhode Island Personal Injury Lawyer to investigate the claim and pursue compensation to compensate for pain and suffering, medical bills, lost wages and other damages.

Rhode Island personal injury lawyer

Shopping plazas have heightened obligations during snowstorms and bad weather conditions to properly plow the parking areas and protect against ice and slippery conditions on the premises as well as shovel snow from entrance ways and other areas.] If you were injured in a premises liability accident in Rhode Island or Massachusetts (MA), please contact RI and Mass. lawyer David Slepkow 401-437-1100 . If you were injured at a mall accident in Warwick, Cranston or Providence  then you should contact a Rhode Island mall accident attorney. There are thousands of different types of accidents and negligent activity that could occur at a department stores such as Walmart, Kmart, Macys or Sam’s Club. These mishaps include but are not limited to:

  • Falling or shifting boxes or  merchandise causing traumatic head trauma, back or neck injuries or other serious injury.
  • Pedestrian accidents in parking lots as a result of poor or improper signage, overhanging trees or lack of parking control
  • Cars speeding in the parking lot or failing to obey crosswalks or stop signs causing a RI automobile accident and pedestrian accidents
  • Slip and fall in a parking lot on snow, wet leaves, oil or ice accumulations.
  • Accidents and collisions caused by distracted pedestrians utilizing their smartphone, cell phones, Iphone, Andriod devices, gps or even texting and driving.

Dangerous condition | mall accident

The Supreme Court of Rhode Island located in Providence set forth the applicable tort / negligence standard of care when the Highest Tribunal in Rhode Island Stated: that business owners  had a duty “to exercise reasonable care for the safety of persons reasonably expected to be on the premises * * * includ[ing] an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition.” Kurczy v. St. Joseph Veterans Association, Inc., 820 A.2d 929, 935 (R.I.2003) (quoting Tancrelle v. Friendly Ice Cream Corp., 756 A.2d 744, 752 (R.I. 2000)); accord Mead v. Papa Razzi Restaurant, 840 A.2d 1103, 1107 (R.I.2004)…Although a business invitor is not a guarantor of the safety of those who might be expected on the property, a duty remains to maintain the premises in a reasonably safe condition for prospective business invitees.” Terry v. Central Auto Radiators, Inc., 732 A.2d 713, 716(R.I.1999).

Bar, Nightclub and Tavern Related Accidents

Some Providence, Warwick, Newport and RI shopping centers have lively and popular bars, taverns or nightclubs who sometimes serve too much alcohol to patrons. This can lead to a multitude of problems and disturbances, not the least of which is fights, property damage, criminal activity, drunk driving and increased automobile accidents in the shopping plaza parking lot. A mall accident is a tragic event and all precautions should be taken to avoid a mall accident and any resulting injuries.

Occasionally, an overzealous bouncer who has been watching too many reality television shows actually assaults a drunk patron. If you are a victim of a bouncer assault in Rhode Island then it is important that you retain a RI Bouncer Assault lawyer. The most serious problem that can occur is an intoxicated bar or restaurant patron killing a pedestrian in the parking lot or parking garage accident.

Restaurant and Fast Food Joint Negligence

There are many instances of a guest slipping and falling on water, soda, beer, food or a slippery substance on the floor of a restaurant. If someone is injured in a slip and fall or a trip and fall accident as a result of negligence of a restaurant, grocery store or other business establishment then they should take a picture or video as soon as possible and immediately contact a Rhode Island Slip and fall Attorney.

Sadly, some restaurant guests are victims of food poisoning caused by restaurants failing to utilize proper safety precautions in preparing and serving food. A Restaurant, bar or nightclub may also face Dram Shop Liability for knowingly, negligently or recklessly serving a visibly intoxicated guest who then later injures or even kills a third person in a RI drunk driving auto crash.

Duty of reasonable care

The Supreme Court of Rhode Island (RI) stated “[A] landowner has a duty to exercise reasonable care for the safety of persons reasonably expected to be on the premises, and that duty includes an obligation to protect against the risks of a dangerous condition existing on the premises, provided the landowner knows of, or by the exercise of reasonable care would have discovered, the dangerous condition. The burden of proving that sufficient evidence existed to show that the defendants knew or should have known of an unsafe condition on their premises is on the plaintiff.”  Lieberman v.  Bliss-Doris Realty Associates

Distracted Diving Accidents- Texting and driving in through ways, streets, parking garage and parking lots.

Motor Vehicle, Van, SUV and Motorcycle operators who are texting and driving or are otherwise distracted in the parking lot are at risk of crashing into other cars or being involved in pedestrian accidents. Injuries from parking garage and parking lot accidents include herniated disks, whiplash type injuries as well as neck, head, leg and back injuries. There have also been reports of drowsy or sleepy driving causing accidents near malls and shopping centers in Providence and surrounding area.

Negligent and Inadequate Security resulting from criminal acts of third parties

Criminal activity, such as assault, shoplifting, muggings, rape or murder can been partially caused by a negligent lack of security.  Malls and Shopping plazas are required to provide proper security for guests. If you were injured at a shopping plaza as a result of a criminal action or attack please contact a Rhode Island Negligent Security Personal Injury Lawyer.

Slip and Fall accidents & Trip and fall

Grocery stores and Supermarkets are particularly problematic especially in the salad bar area or fruit and vegetable produce section in which there can be slip and fall accidents.

RI Slip and Fall on Ice and Snow Law | mall accident

”Rhode Island follows the “Connecticut Rule” when determining the duty of care to keep a premises safe from naturally occurring accumulations of ice and snow. SeeFuller v. Housing Authority of Providence, 108 R.I. 770, 774, 279 A.2d 438, 441 (1971). This rule, as we apply it, provides that a landlord or business invitor owes a duty to a tenant or business invitee 1292*1292 ”to use reasonable care to see that the common areas are kept reasonably safe from the dangers created by an accumulation of snow and ice which is attributed to purely natural causes.” Id. at 772, 279 A.2d at 440 (adopting the Connecticut Rule in the landlord-tenant context); see also Terry v. Central Auto Radiators, Inc., 732 A.2d 713, 716 (R.I.1999) (extending rule to business invitor-invitee relationship). The landlord or invitor, however, must be afforded “a reasonable time after the storm has ceased to remove the accumulation.”Benaski, 899 A.2d at 503 (quoting Fuller, 108 R.I. at 774, 279 A.2d at 441). Therefore, as a general rule, any duty to clear a natural accumulation of ice and snow is not triggered before a reasonable time after the storm ends. Id. Under unusual circumstances, however, the duty to remove the accumulation may arise before the end of the storm. Terry, 732 A.2d at 717.”  Quote from : BERARDIS v. LOUANGXAY et al 969 A.2d 1288 (2009

Construction and Renovation accidents

It can also be problematic if there are renovations or construction ongoing at a shopping plaza because there may be scaffolding, scissor lifts or other dangerous construction equipment on the scene. This construction or equipment can include: Pavers, Concrete Equipment, cranes, forklifts, backhoes, sweepers, broom equipment, trucks, demolition equipment etc. https://www.osha.gov/oshstats/

Children and teens tend to gravitate towards attractive yet dangerous nuisances such as backhoes and scaffolding. There is also a risk of objects or construction material falling from a scaffold onto pedestrians below.

Crowd and Mob related accidents | mall accident

There have been instances of shoppers being trampled and killed as a result of a mob of unruly shoppers.

Elevator and Escalator Accident | mall accident

There have been numerous reports of shoppers injured by defectively designed or maintained elevators and escalators. In some instances the owner of the property fails to maintain or inspect an escalator or elevator causing the elevator to fall. There have also been instances of someone’s foot , hand or leg  getting seriously injured by being stuck  in elevator. This type of mall accident is completely avoidable if the mall owner utilized reasonable care.

Tractor Trailer, 18 wheeler and Big Rig Truck accidents

There are often tractor trailers at malls dropping off their loads of merchandise  or consumer goods. It is not uncommon for these trucks to be involved in accidents at or near the mall. Some workers are injured while loading or unloading freight. These types of accidents can lead to both negligence and workers compensation claims.

Truck accidents in Rhode Island can sadly be fatal and lead to wrongful death litigation by the executor of the estate of the person killed in the deadly accident.

Many malls have indoor playgrounds, miniature golf or recreational centers for children to play in. These malls must take reasonable steps to protect children playing from foreseeable harm. There may also be defective or unreasonably dangerous playground rides that could cause injury to a child.

Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.