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New York Resident Sues Mall After Fall Caused by Motorized Stuffed Animal

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A woman and child stand in a mall holding hands, while three officials inspect a scene with spilled items and a toppled toy ride—details surrounding an incident where a resident sues the mall after fall NYC. A man in a suit stands nearby, pointing.

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New York Resident Sues Mall After Fall Caused by Motorized Stuffed Animal

Shopping centers are often bustling hubs of activity, offering a wide array of stores and dining options. As purchasing habits change, malls and retail districts are increasingly using rides, entertainment and other attractions to lure potential online buyers out of their homes. While this might be good for business, these additional features add to the potential hazards facing visitors to a shopping center.

When an elderly New York resident went to New Jersey’s American Dream complex, it’s highly unlikely that she expected to be injured by a motorized plush animal, known as a Dream Rider, that children (and some adults) ride around the mall. Trinidad Javier claims that she required spinal surgery in a fall after being struck by a young mall visitor on one of the stuffed animals. Her lawsuit asserts that American Dream should have restricted the Dream Riders to a specific area and that management put unsuspecting mall patrons at risk by allowing the plush creatures to move at unsafe speeds.

Amusement rides and play areas within shopping malls can pose risks if not properly maintained or supervised. Mechanical failures, operator errors or inadequate safety measures can lead to slip and falls, collisions and entrapment injuries. Other types of shopping center incidents that give rise to personal injury claims include the following:

  • Slip and falls — Spills, recently mopped surfaces and inclement weather conditions can cause visitors to slip and fall. Uneven flooring, loose carpeting and neglected maintenance of walkways also contribute to these accidents.
  • Escalator and elevator problems — Malfunctions or improper maintenance could lead to escalator and elevator accidents resulting in injuries such as cuts, bruises and fractures. If someone’s clothes, shoe or limb becomes trapped, the harm might be severe.
  • Tripping incidents — Cluttered walkways, protruding merchandise, poorly placed displays and extension cords can pose tripping hazards, particularly in busy areas during peak shopping times.
  • Parking lot accidents — Collisions or falls that occur due to close calls involving vehicles, pedestrians and bicyclists in crowded parking lots are capable of causing serious injuries.

If you or a loved one has been injured in a shopping mall due to negligence or hazardous conditions, it’s crucial to seek legal guidance promptly. Our experienced personal injury attorneys at Goldberg Sager & Associates can assess your case, gather evidence and pursue compensation for medical expenses, lost wages, pain and suffering and other damages. From our office in Brooklyn, we represent clients injured in shopping centers and other locations throughout the New York metropolitan area. Please call 718-645-6677 or contact us online for a free consultation.

Marcel A. Sager

Marcel A. Sager

Managing Partner

Marcel A. Sager is licensed to practice law in New York, New Jersey, the District of Columbia, Illinois, local federal courts, the U.S. Tax Court, and the U.S. Supreme Court. He has a J.D. from Brooklyn Law School and an LL.M. (Masters) in Taxation from the New York University School of Law.

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