Legalities of Injuries During Black Friday Shopping: Can You Sue?

Investigative Article

The Legal Implications of Black Friday Brawls and Injuries

Black Friday, the day after Thanksgiving, traditionally marks the beginning of the holiday shopping season, replete with attractive discounts and deals on a wide range of products. As such, this day sees an unprecedented number of shoppers crowding stores and malls, willing to brave the crowds to get the best bargains. However, the hustle and bustle of Black Friday also brings with it a unique set of risks, including injuries, fights, and brawls. In this investigative article, we delve deep into the legal implications of Black Friday brawls and injuries and the options available to an injured party in such cases.

The Statistics

According to the National Retail Federation, more than 174 million Americans shopped in stores and online during Black Friday weekend in 2018, spending an average of $335.47 each. However, as mentioned in the blog post, Black Friday also has a history of violence and injuries. Black Friday Death Count website reports approximately 17 deaths and 125 injuries related to Black Friday incidents since 2006, with an average of six reported injuries every year over the past decade.

Premises Liability Laws in Arizona

Arizona statutes call for store owners and operators to ensure the safety of their shoppers and premises. When a customer is injured on store property, the store owner may be held liable under premises liability law. Premises liability law holds that the owner of the property is responsible for ensuring its safety for all those who are legally on the premises. Store owners and operators have a duty to maintain all conditions of their premises, such as parking lots, sidewalks, aisles, and entryways. They must also identify and address any potential hazards on the property and take necessary steps to prevent injuries from occurring.

Comparative Negligence Laws in Arizona

The state of Arizona is one of several states that follow a comparative negligence law. This means that the compensation awarded to an injured party may be reduced if the court finds the injured party was partly responsible for their injuries. The compensation received will be reduced by the percentage of fault assigned to the injured party. For example, if the court decides that the injured party was 30% responsible for their injuries, the compensation awarded will be reduced by 30%.

The Role of Security Personnel

Black Friday brawls and fights sometimes break out due to the sheer density of the crowds, with people pushing and shoving to gain an advantage over others. Consequently, store owners and operators must take measures to prevent these incidents from occurring. One option is hiring extra security personnel, both uniformed and plainclothes. They can monitor the crowds, respond to incidents as they occur and assist in crowd control measures.

Legal Options Available to Injured Parties

For an injured party to obtain compensation, they must typically file a personal injury lawsuit. In the case of Black Friday injuries, the injured party must establish that the property owner knew or should have known of the danger associated with their premises. Additionally, they must show that the store owner failed to take reasonable steps to minimize the danger or put up adequate warning signs and barriers.

What to Do if Injured on Black Friday

If you’re injured on Black Friday, it’s essential to document as much information about the incident as possible. Take pictures, record videos, and make detailed notes of what transpired to serve as evidence in court. Even seemingly minor details, such as the time of day, lighting, and weather, can make a significant difference in establishing liability. Seek medical attention and notify the store management of your injuries. Obtain the contact details of any witnesses and ask for a copy of the incident report from the store.

Conclusion

Black Friday has become synonymous with great bargains, but it is crucial to ensure you stay safe amid the chaos and to understand your rights in the event of an injury. Store owners have a legal obligation to keep their premises safe, but shoppers must also remain vigilant and take reasonable steps to protect themselves from danger. If you're injured on Black Friday, get in touch with a personal injury attorney to understand your legal options and obtain the compensation you deserve.

Black Friday Brawls, Can You Sue for Injuries?-Black,Personal
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