You Better Watch Out: Holiday Shopping Season is Underway

Posted November 25th, 2016 by .

Categories: Premises Liability.

black friday premises liability anthony carboneBy the time you read this, chances are you’ve already finished all your Black Friday shopping. The Friday after Thanksgiving is the unofficial kickoff to the holiday season where many people camp out the night before (or head to the store after eating Thanksgiving dinner) to get the best deals. We all have seen and heard the horror stories related to this day — but what happens if Black Friday shopping results in a serious injury?

According to the National Retail Federation, 137.4 million Americans are expected to be shopping this weekend, a number that has increased from 135.8 million last year. With all these crowds comes frustration and anger. Just take a look at today’s headlines — one person was killed and another injured after a shooting in the parking lot of at Hamilton Mall in New Jersey early this morning. Whether it’s related to shopping remains to be seen.

So what does happen if you get injured during Black Friday? According to premises liability, it is the responsibility of the store to not only make sure there are no hazards that would cause an injury to customers, but it has the responsibility to keep the shoppers under control. In fact, OSHA has issued crowd control guidelines for all stores to follow, which include:

  • Setting up barricades or rope lines to handle crowd management
  • Preparing the staff for the opening of the store
  • Staffing entrances with uniformed guards, police or other authorized personnel
  • Locating sale items in different parts of the store to prevent overcrowding
  • Provide crowd and entry management measures at all entrances

So if a store fails to provide the proper security and crowd management and you get injured, you can sue the store and its owners for damages. Since the store failed to prevent hazardous conditions (which, in this case, is conditions that had caused pandemonium), and in fact contributed to your injury by not providing the proper safety measures, they are responsible for your injuries.

Be safe if you’re planning on going shopping this weekend. And if you do have an injury while at a store as a result of negligent safety measures, you’re going to need legal help. Contact the Law Offices of Anthony Carbone today for a free consultation.

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