Shopping Mall Assaults & Injuries
Trust Your Claim to Our Zealous Richmond Personal Injury Lawyers
Halperin Law Center represents victims who have been injured due to criminal activity. Many
people believe that their only opportunity for justice is in the criminal
court system. If you have been criminally assaulted and injured at a shopping
mall, however, you may have a claim against the owner, operator and/or
security company of that mall, or a claim against a merchant.
Richmond personal injury attorneys have successfully held shopping mall owners, merchants, property managers,
and security companies liable in civil court for injuries suffered by patrons.
We have handled cases involving individuals who have been:
Cases against businesses such as shopping malls and merchants involve a
myriad of issues to be examined. If you think you may have such an injury
claim against a mall or shopping center, be sure to
contact an attorney who has had experience and success with these types of cases, such as
the personal injury attorneys at the Halperin Law Center in Richmond.
Shopping Mall Injuries in Virginia
In Virginia, third parties can be held civilly liable (or at fault) for
the criminal acts of others under certain limited conditions. In order
to establish liability for a viable case, there must be what is called a "special relationship" between the property owner and either the person who is injured
or the criminal. The circumstances in which a special relationship can
arise are very limited, however the business proprietor-invitee relationship
(which applies to malls and shopping centers) is one of those relationships
that may qualify. This means that if you were shopping or purchasing items
from a specific store, there may be a special relationship.
The special relationship establishes a duty to warn or protect, and the
type of relationship establishes what level of care the third party (in
this case, the mall owner, property manager or security company) must
exercise. Mall owners and operators in Virginia are required to use reasonable
care to protect their patrons and guests from crime if that owner/operator
has specific knowledge of prior violent criminal acts and a reasonable
person could conclude that there is an "imminent danger or harm”
If these terms and determinations seem complex, it is because they are.
With a multitude of legal issues to examine and interpret, making a case
against a shopping mall for injuries suffered as a result of third-party
criminal behavior is no easy task, and it is not one that you should undertake
on your own. Many of the accidents and injuries suffered at malls involve
more straight-forward premises liability cases. When it comes to injuries
caused by criminal activity, however, an attorney experienced in these
types of cases is almost always needed to navigate the complexities of a claim.
The focus in these cases is often negligent or inadequate security. The
case will depend on the applicable standard of care, as well as the mall's
security measures, or lack thereof, put in place to protect their patrons
Your attorney will need to discover what knowledge the mall's owners/operators
or merchants had or should have had about the level and nature of crime
in the area, what constitutes "imminent harm," whether or not
the nature of the business itself attracts or provides an environment
conducive to violent crimes, and whether or not the entities should have
anticipated the crime and prevented it by taking various security measures.
Security and property management expert witnesses are needed to review:
- Whether appropriate security measures were taken.
- Whether sufficient warnings were provided.
- Whether or not proper locks were installed on windows and doors.
- Whether adequate lighting was provided.
Establishing civil liability against business owners and property managers
for the criminal acts of others is tough, but possible with the help of
a skilled and experienced injury attorney. If you or a loved one have
been injured by a criminal act or other accident at a shopping mall, retail
store or convenience store in Virginia, fill out a
free case evaluation form to set up a no-cost, no-obligation consultation with our Richmond personal
Act today! Call (804) 220-0223 today to
reach the Halperin Law Center.