Slip and Fall in Store Restroom

[sgtusmc]

On Feb 3 06, I was at the local mall with my five year old son. He had to use the restroom. As I lifted him to the toilet I then saw that it was very dirty so I put him back on the floor, I slipped and fell in the urine around the toilet and fell on my butt. I contacted security and informed them I had fallen and hurt my back. While they were writting up the report the manager of the mall clean up crew showed up and enformed me that every 1/2 hour the restrooms get cleaned. He told me that I could check for myself, because there is a posted sheet that the clean up crew has to sign and date when the restroom is cleaned. I was alittle P/O'ed since I was covered in urine so. the mall security guard went and grabbed the sheet for me to look at. According to the clean up sheet, the last time the restroom had been cleaned was Jan 29th. The mall is open from 9am to 9pm everyday and the restrooms are cleaned ever 1/2 hour. The sheet has times and dates, also a place for the initals of the person who cleaned. The sheet had 4 different sets of initials where they had signed. According to the sheet there are days the crew started the clean at 3 pm and ended at 5 pm. None of the times match what the manager had told me. I then had security make me a copy of the sheet. Since I'm retired from the Marine corps I went to the military ER after leaving the mall. I have since went back 2 other times to the ER for back pain. I was given an x-ray and have no brocken bones. I now have to start pysical theropy. I'm in alot of pain and was wondering if I had a case to sue the mall.

[Mr. Knowitall]

The cleaning schedule may circumstantially help your case by suggesting that the bathroom wasn't being cleaned on the required schedule. But that of itself won't give you a valid legal claim. To prevail in court, you must show either that the premises owner created the allegedly dangerous condition which caused the accident or had actual or constructive notice of the defect. See Alvarez v Prospect Hosp., 68 N.Y.2d 320, 501 N.E.2d 572, 508 N.Y.S.2d 923).

Should you choose, you can try making a claim for reimbursement from the mall or the mall's insurance company and see what happens.