Shopping Mall Parking Lots

Author: Attorney Dennis Schaefer

Our client is a 50 year old single male who was injured in the parking lot of a neighborhood mall. Our client lived in Port St. Lucie, about one quarter of a mile from the mall. On the particular morning of his injury, our client was up early in the morning and decided to walk his dog. He took the dog, on a leash and walked towards the mall near his home. The sun had not yet come up and the parking lot lights were not on when he began to cut across the parking lot on his walk.

Our client had never walked through the mall parking lot before. He had driven there and gone shopping on several occasions. He was not familiar with the condition of the parking lot in the direction he was walking. As he began to cross the lot he fell into a large hole. The hole was approximately 15 feet across, in a large circle. He did not see the hole because the sun was not yet up, and there were no lights on in the parking lot.

The fall seriously injured our client. He broke several teeth, injured his neck and back and also his wrist. He lay dazed on the ground for a while. He finally was able to get up and walk home. He then was taken to the local hospital for observation. After his medical crisis settled down he called attorneys Dell & Schaefer to inquire as to his rights.

Dell & Schaefer informed him of his rights and with his consent immediately began our investigation. Photographs and measurements of the area where our new client fell were taken and preserved. Specific details were obtained from our client. Dell & Schaefer then made contact with the owner of the parking lot, and informed them of the accident.

Initially, the insurance company declined to accept responsibility. However, after a lengthy process the lawyers at Dell & Schaefer were able to convince the insurance company of their client’s liability and settlement was achieved. It was very important to the ultimate success of this case that involvement of Dell & Schaefer happened quickly.