Question About Suing a Mall

As a service to consumers, I answer questions submitted to the All Expert web site. This morning, I received a question about suing a mall that may interest our blog readers. So I thought I would share it here.


Few days ago my daughter broke her hand at the mall. Can we sue the mall?”


The short answer is “maybe.” If your daughter suffered her injury due to the negligence or recklessness of another person or business, then she may have a claim for damages. It is important to recognize that not all injuries are the fault of someone else, sometimes accidents happen and no one is to blame. If this incident happened because of someone else’s actions or inactions, then your daughter may be entitled to compensation. The ability to seek compensation will depend upon the facts of the case, the damages your daughter suffered and the laws of the state in which you live.

To establish a claim for damages, you and your daughter would have to establish two arguments:

  1. You need to show that someone else’s negligence or recklessness caused the incident.
  2. You need to show that your daughter suffered damages because of this negligence.

Your daughter suffered a broken hand, which is clear evidence of damages. Your email does not discuss the facts surrounding how she broke her hand, so I cannot comment on who might be responsible and whether you can prove that person or entity liable.

If you or a loved one has been injured in a store, there are certain steps that you must take and certain steps that we recommend you take. If you are in New York, you can always call for a free consultation (800-660-1466).

  • Take care of your health: See a doctor as soon as possible to treat any medical needs. What may seem like a minor hurt may not go away on its own; when in doubt, see a doctor.
  • File an Incident Report with the Mall or Store: If you are injured in a mall or a store (e.g., grocery store, drug store or department store), make sure to notify an employee of your injury. Most likely someone from the store will ask for information so they can complete an incident report. It is okay to give them your name and contact information. You should ask for a copy of the incident report, though they may not give it to you.
  • Get a Police Report: If the Police came to the scene, you should obtain a copy of the Police Report. In most areas, during the first thirty days after the incident, you can obtain a copy of the report at the police precinct where the incident occurred.
  • Gather Information about Your Accident: If you have not done so and if you can, take pictures of the accident scene. Take pictures of any injuries you suffered. Write down the names of any witnesses and their contact information. Write down the name of the store where you suffered your injury. The more evidence you accumulate, the stronger your case will be.
  • If appropriate, contact an attorney experienced with injuries suffered in malls or stores: If you or your loved one suffered an injury due to someone else’s negligence or recklessness, you may be entitled to compensation. If you think you are entitled to compensation or if you have questions, you should seek the counsel of an attorney experienced with mall, supermarket, drug store and department store cases in New York State. We have extensive experience with store cases in New York City and on Long Island. Feel free to call us at 1-800-660-1466 or send us an email at

I hope you found this information helpful. If you or a loved one has been hurt through the negligence of another, you may want to consult an experienced New York personal injury attorney. I would be glad to answer your questions and assist you. The consultation is free. You can call me at 1-800-660-1466 or email me. You can also visit my website or read more on my blog, New York Law Thoughts.

Carol L. Schlitt
New York Personal Injury Attorney
The Schlitt Law Firm

This material is intended for informational uses only. It is not meant as legal advice. To receive legal advice, you should consult an attorney.

All content of this site: © copyright 2010-2012 by Carol L. Schlitt

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