In regard to a slip and fall where I work, can I sue the mall where my employer rents space?

Asked almost 2 years ago - Beacon, NY

I work for a large retail store in NY who usually rents space in malls, as is the case for my particular place of employment.
I slipped on water and fell outside the restroom at work. There are two sets of restrooms; male and female, situated adjacent to each other, and are for the use of the store's customers and employees.
Both sets of restrooms have had leaking toilets for more than a year. The seal around the base of the toilets are not for commercial use. My employer submitted a request for the mall to fix this problem long ago to no avail. The leak collected in the ladie's bathroom foyer where it had completely saturated the carpet near the exit/entrance. On exiting, I slipped and fell right outside the door on the tiled floor, injuring my back and shoulder.

Attorney answers (12)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . I'm sorry to hear about this. I hope you are recovering well. A local workers comp lawyer can assist you with a claim and investigate a possible 3rd party claim.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Craig A. Post

    Contributor Level 17

    9

    Lawyers agree

    Answered . In addition to a potential workers compensation claim, you can bring an action for on the job injuries if they were caused by someone other than your employer or co-worker. Assuming you have an injury that warrants an action, the answer is yes. You should consult with an attorney in your area as soon as possible.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  3. Jeffrey Bruce Gold

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . You have to sue the mall, It does not benefit from the workers comp defense, and it sounds like you have a good case. Please see my disclaimer.

    As an aside, make sure you have photographs. Also, depending on why you were using the public bathrooms, you may be able to file with workers comp as well.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  4. Andrew Daniel Myers

    Contributor Level 20

    9

    Lawyers agree

    Answered . Your primary claim where you were injured while at work is a workers compensation claim with regard to your employer and their workers compensation insurer. However, where a third party is negligent other than yourself or the employer, then that third party can be held liable. Your claim is not without challenges and you need to consult with an experienced injury attorney ASAP.

    See the blog links below for more information, and I wish you the best:

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    Answered . I dont practice in NY, but in calif you could file against the mall in this situation. You should get a work comp lawyer, and that lawyer should be able to tell if you can sue the mall too.

  6. Yefim Rubinov

    Contributor Level 17

    6

    Lawyers agree

    Answered . Yes you may. Get a lawyer soon. Contact a lawyer who offer a free consultation

  7. Leandros A. Vrionedes

    Contributor Level 6

    6

    Lawyers agree

    Answered . It sounds like you may have a third party case against the owners of the mall. Moore details are required. Please contact a lawyer immediately.

  8. Steven Miller

    Contributor Level 10

    5

    Lawyers agree

    Answered . Yes, it sounds like you have the basis of a case against the maintainer/owner of the restrooms in addition to a workers compensation claim. Call a personal injury attorney without delay.

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during... more
  9. Michael J Palumbo

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . Yes you can sue but these cases start backwards - what is the extent of your injuries? Unless you were seriously injured (broken bones) our office cannot help you.

  10. Durga Prasad Bhurtel

    Contributor Level 3

    5

    Lawyers agree

    Answered . First If I were you I would not discuss this matter publicly. Second you can consult local lawyer who is competent for workers compensation and third party action. Local lawyer will provide proper advice in this condition.
    However here are the general law in New York. Under New York State Workers Compensation Law section 11 employers liability is exclusive to his employee if employee sustained injuries on the work as long as employer secures the payment of compensation for his/her employee. If employer does not secured such payment of compensation as required by New York at that condition employee has two option either commenced claim under workers compensation Law before Workers' Compensation Board or commenced third party action.
    Other than the employer such as property owner, other person who was responsible for maintenance and repair may be liable under New York Law.
    There are may other possibilities and need to check other law as well but it will determined by your lawyer once your hired one.
    Please be advised that this is not a legal advice it is just some part of law I am telling you.

  11. Michael Wayne Goldstein

    Contributor Level 9

    3

    Lawyers agree

    Answered . It seems that you have a valid case. BUT what is the extent of your injuries?
    Any fractures?
    Any tear as confirmed by MRI?
    Is surgery recommended?
    If yes to any of the above, please contact me.
    PS: You also need to file Workers' Comp claim for your medical bills, hosp bills & lost wages.

  12. Timothy Leo Bowden

    Contributor Level 14

    4

    Lawyers agree

    Answered . These are tricky claims. I believe you have a workers comp claim that's also a negligence claim. Call a local attorney.

    Tim

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