while walking through a local mall I was struck in the eye by a bouncy ball. I filed a report with mall security and went to the emergency room where i discovered that i suffered a subconjunctival hemorrhage, corneal lesion, and iritis. My question is can i hold the mall responsible for premise liability? The kid was nowhere to be found after the incident took place..
The kid and his parents would be liable for assault, battery and/or negligence. The mall would not be liable unless it knew, or should have known that the kid was engaging in dangerous behavior, and did nothing, withing a reasonable time after becoming so aware, to stop him. However, if there is a medpay provision on its policy of liability insurance, they may pay your medical expenses.
One way you may proceed is to file a police report for assault and battery and ask the officer to inquire whether the mall has security tapes showing the incident. It may show how long this kid was unruly.
If a police report is made, you can then file a claim for medical benefits and wage loss with the State of Michigan under its Crime Victims law. You can get a application by calling 1-517-373-7373.
I agree with Phil, who I know to be a fine, experienced, attorney. The boy and his parents would be responsible and their homeowners insurance carrier could have coverage if the boy's conduct was accidental (or negligent) rather than intentional. If this kind of thing goes on at this mall all the time, the owners of the mall might be held responsible for their negligent inattention to these incidents. I agree that it would be wise to try to obtain the security tape. Remember, it doesn't matter that the mall didn't know about the conduct; as Phil said, it matters if they should have known about it. They are also liable if they actually knew about it and did nothing to prevent it. You need a Michigan attorney and Phil would be an excellent choice.
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