Black Friday shopping injuries may happen more often than you think. According to blackfridaydeathcount.com, there have been ten deaths and 105 injuries reported since 2006.
In 2013, one woman who was trampled at a Walmart “early Black Friday sale” sought $75,000 in damages for her injuries through a lawsuit against the company. The lawsuit stated she was “toward the front of the group of people and reached for the [$49.99] tablet when she was suddenly thrust forward from behind” and suffered injury to her neck, head and back.
The lawsuit also claimed that Walmart should have known this could potentially happen “because of past incidents of violence and trampling during previous Black Friday sales.”
Most Common Black Friday Injuries
According to findlaw.com, the five most common Black Friday injuries include:
- Parking Lot Injuries
- Shopping Cart Injuries
- Falling Boxes
When a Black Friday Injury Occurs, Who is Responsible?
Store owners have a responsibility to make sure that the premises are safe from hazardous conditions and any dangers that could cause injury. For example, floors must be kept clean of spills, walkways clear of tripping hazards and fallen objects, stairs and railings must be in good repair and there must be sufficient lighting at all times.
To prove that the store is responsible for the injury, findlaw.com says that it must be established that “the store owner knew (or should have known) about a dangerous condition on their property; 2) the store owner did not regularly inspect the store for dangers, or provided inadequate maintenance; 3) that the shopper would not have been injured if there was not a dangerous condition on the property; 4) there was a relation between the dangerous condition and the shopper’s injury, and; 5) that the shopper suffered actual “damages” as a result of it.”
Some typical defenses a store owner may use are:
- not knowing there was a dangerous condition
- they made an effort to fix the issue
- the danger was too obvious not to avoid
- the injury was not caused by the dangerous condition
- the injury occurred in an area that was off-limits to customers
Can I Sue For a Black Friday Injury?
You can sue for Black Friday injuries just like any other day. To prevail, it will be a matter of proving negligence, or that it was the store owners fault that you were hurt.
Especially in the event that you are injured to the extent you miss work or incur medical bills, we recommended seeking the assistance of an attorney experienced in personal injury and negligence claims.