Can Stores be Liable for My Injuries on Black Friday?

 Posted on November 22, 2022 in Personal Injury

Every year, crowds flock to retail stores on Black Friday to get themselves some sweet deals. Holiday spending this year is projected to be higher than last year. But if memory serves us right, the day after Thanksgiving has also become infamous for violence including flights and gunfire. To help you stay safe in LA County this year, we want to offer some insight into premises liability.

Premises Liability

California shoppers are guests when they are on the premises of a store. Under the law, property owners have a duty of care to make sure shoppers are safe. That includes warning customers about possible hazards.

Given the violence and stampedes in recent years, stores often take some precautions on Black Friday to avoid premises liability lawsuits including:

• Hiring additional staff and security to ensure that crowds are managed

• Verifying proper crowd control methods are in place

• Setting up an emergency plan in case violence breaks out

• Setting up barricades and rope lines inside and outside the store

• Placing visible signs at entrances, exits, and bathrooms

• Warning shoppers of new hazards, such as spills, with ready-made signs

Property Owner Negligence

If a property owner fails to take precautions to ensure your safety while shopping and you get injured as a result, they may be liable for your injuries. For you to get compensation, you need to prove the following four things:

• The property owner in question owns, leases, or controls the property

• There was negligence by the property owner relating to the use of the property or its maintenance

• Negligence by the property owner was a substantial factor in your injury

• Your injury caused you damages

Under the pure comparative negligence rule in California, the party held liable for the injuries will

compensate the injured party for the liable party’s percentage of the fault. So if a shopper is partially at fault for not reading the warning signs, the court will determine that they were also negligent and contributed to their injury. That percentage of fault is deducted from the award.

Contact a Glendale, CA Premises Liability Lawyer

If you are injured at a retail store or shopping mall during your Black Friday shopping, contact a Los Angeles premises liability attorney. At Tahmazian Law Firm, P.C. we have more than 30 years of combined experience handling these complex cases with favorable results. If you have suffered a personal injury due to a property owner’s negligence call 818-242-8201 for a free consultation.

Sources: 

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1714.&lawCode=CIV 

https://nrf.com/research-insights/holiday-data-and-trends/winter-holidays 

https://www.osha.gov/news/newsreleases/national/11152012