Why You May Be Able To Pursue An Out-Of-State Slip And Fall Injury Case In Your Home State
Posted on: 1 March 2017
Many people assume that personal injury lawsuits can only be lodged where those injuries took place. However, this isn't always the case; some scenarios may allow you to pursue an out-of-state injury case in your home state. For example, if you suffer a slip and fall injury in an out-of-state mall, these four scenarios may allow you to pursue the case in your home state:
The Mall Owner Does Business in Your State
You may be able to sue the defendant in your home state if they have a business in your state. This may be the case, for example, if they have a chain of malls, and one of them is located in your state. This allows your state to claim personal jurisdiction of the malls' owner, and you can sue anybody in any court that has jurisdiction over them. However, having a mall in your home state isn't the only way to prove that the mall owner does business in your state. The court will also believe the defendant does business in the state if they are headquartered in the state, sends mail order catalogs to the state, or maintains a warehouse in the state.
The Mall Owner Lives in Your State
The issue of residence is one of the most obvious ways in which governments gain jurisdiction over people. Therefore, if the owner of the mall lives in your state, you will be able to sue them there even if you were injured in another state. This is possible even if the mall owner owns multiple homes in different states; what matters is that you can prove that they also have a home in your state.
You Served the Mall Owner in Your State
Another way of enabling your local court to gain jurisdiction over the mail owner is to serve the lawsuit papers to them while they are in your state. You may be able to do this even if the mall owner was visiting or just passing through your state. What matters is that the defendant was within the physical borders of your state when you served them.
Therefore, never assume that you have to go out of state to serve a property owner whose negligence caused your slip and fall accidents. The same laws may apply to other forms of personal injuries. Therefore, consult a personal injury attorney to help you choose an appropriate and convincing jurisdiction whenever you have a potential lawsuit.
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