I was walking back to my car in the parking ramp at the local mall when I was hit by a car. Is the mall liable for my injuries as well as the driver of the car?

The mall may be partially liable for your injuries depending on the circumstances of your accident – in other words, what led up to the driver hitting you – and whether the design of the ramp contributed to the accident. Conditions that could lead to liability include poor sightlines, poor lighting, unpredictable traffic patterns, and poor maintenance. If any of these conditions are present, the mall may be found to be at least partially at fault for not creating a reasonably safe environment for you to get to your vehicle.

This type of lawsuit is called premises liability: the mall had a duty to provide you, a customer, with a safe shopping experience and that the mall could reasonably foresee that the design of their parking ramp was unreasonably dangerous and did not correct the situation. Premises liability cases are governed by state law and therefore, you need to discuss your case with an experienced attorney in your jurisdiction to determine whether it is actually possible to pursue an action against the mall.

The mall will probably have insurance to cover damages from this type of a case. Therefore, you and your attorney will be dealing with insurance adjusters in any attempts to settle your case. You will want to have an experienced attorney on your side to help you with these negotiations and, if necessary, to take your case to trial.

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