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Holiday shopping safety and premises liability claims: part two

Earlier this week we introduced some potential hazards of Black Friday shopping, outlining some risks that shoppers might face as they hunt for deals this holiday season. We mentioned that store owners are expected to exercise reasonable care to make sure that their shoppers are safe, especially when safety risks are compounded by a high-volume shopping season.

Store patrons who are injured while shopping can generally bring a premises liability claim under a state's negligence laws. A store owner can be considered negligent if they failed to exercise reasonable care to ensure that shoppers were not vulnerable to any hidden hazards or dangerous conditions.

To show that a store was responsible for an injury, the plaintiff must prove several things:

  • that the store owner knew or should have known about the dangerous condition
  • that the store owner failed to conduct necessary maintenance or routine inspections to prevent or rectify that condition
  • that the shopper wouldn't have been hurt if the dangerous condition didn't exist
  • that a relationship existed between the shopper's injuries and the unsafe condition
  • that the shopper suffered actual damages from the injury, whether in the form of lost wages, pain and suffering, or medical bills, among others

An injury sustained while shopping for loved ones can cast a dark pallor over what should be a bright, cherry holiday season. The added financial burden of doctor bills or lost wages due to an injury can stretch a victim's budget to its limits.

If you or someone you love have been injured while shopping due to a property owner's negligence, it is wise to speak with a qualified personal injury attorney. Someone who has experience navigating premises liability claims can help you review your case, explore your legal options and help you seek compensation for any injuries.

Source: Findlaw.com, "Shopping Injuries Overview"

To learn more about premises liability claims, please visit our website.

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