Premise Injurie’s During Holiday Season in the Chester County
Right after Thanksgiving, the shopping season kicks off. Black Friday is, as all residents of PA know, the day following Thanksgiving when stores open early with special discounts. Of course, the entire month before Christmas does see packed stores, but Black Friday is known for the crush of shoppers.
Individuals line up outside the stores in the wee morning hours, as the “early bird gets the worm” (meaning the discounts) since these are limited in stock. People can push and shove outside the stores on the way in and, of course, tear through the aisles looking for discounted items.
Stores, lacking some shelf space to accommodate more shoppers, can line the aisles with boxes, and because shoppers are scurrying along, many slips and falls do occur on Black Friday. Statistics have shown that since 2008, eleven individuals died while shopping on Black Friday, with dozens more being injured.
At a Kansas Walmart, a lawsuit in 2015 resulted in Walmart being sued under Premises Liability after a trampling occurred. While most injuries are not significant, some can be, and stores can be held liable for many reasons. Quite a few of these types of issues have been documented and usually involve trampling by other customers.
The stores can be found not responsible for negligence regarding Premises Liability as there can be extenuating circumstances where an injured person has put themselves in harm’s way either intentionally or unintentionally.
Common sense must also rule during these situations, and becoming involved in a brawl over a product with another shopper would not necessarily fall upon the shoulders of the store. Misconduct within a store is not breaching any Duty of Care for the store and, many times, is not a case for Premises Liability civil suits.
All civil lawsuits must have “standing,” which simply means that the overall circumstances surrounding the civil suit will lead a rational person to believe that some sort of negligence or lack of proper procedures were followed.
Common Premises Liability Issues During the Holiday Season
Stores do have a Duty of Care but are not always guilty of Premises Liability. The most common injuries that occur on this shopping frenzy day are listed below.
- Trampling
This occurs when a smaller shopper gets caught up in a large group of shoppers, slips, and actually gets trampled. Other shoppers might not even notice that someone else is being trampled.
- Stampeding
This is exactly what the word implies. A stampede of shoppers can push one individual into a wall or a shelf and cause an injury. Stampeding can occur within a store but is common outside the store before the doors open.
- Muggings
These can happen inside or outside a store but are common when entering or exiting. Stores do have security cameras and personnel, but with a glut of shoppers, they cannot control all issues of muggings. Pickpocketing can also happen, and store owners cannot control all aspects of overcrowding outside a store on Black Friday.
- Slip and falls
These, of course, are the most preventable by a store. Any blockages of aisles spills on floors, wet floors, ripped carpeting, or cracks in a floor can lead to a serious slip and fall, and an attorney should be contacted right after the occurrence.
- Shootings
Either inside or outside a store, this is the most dangerous occurrence. While most of these incidents occur outside a store, the store can be held liable if not enough security exists, whether inside or outside the store.
Major retailers have recently taken up more security measures at all times because of occurrences at stores. Since 2020, serious incidences in retail stores have increased by approximately 40 percent, which is quite alarming.
Summary—Black Friday Premises Liability in Chester County, PA
There is no easy answer for retailers to make their premises entirely safe for shoppers. While most will respond with extra security inside the premises and outside, issues can still occur. Retailers count on this day to bring in quite a bit of revenue, and although some will now change their hours to reduce accidents and incidences, it can be happenstance.
Online sales have increased since 2020, but shoppers still “pick up” many purchases from retailers rather than use delivery, so this has not made Black Friday much safer to attend at a store.
If injured during the Black Friday “mad dash” to garner the best products at the best prices, it is wise to use caution. It is, however, wise to ensure, especially if in the Chester County, PA, area, to remember that Christian J. Hoey, ESQ, of HoeyLegal, stands ready with a free consultation.
Decades of experience by Mr. Hoey and his staff will lead to a determination of a Premises Liability case, and if a civil suit is started, Attorney Hoey has hundreds of wins under his legal belt!
Phone calls and emails are also welcome. cjhoey@hoeylegal.com, 610-645-5151 or 1-888-GO-HOEY1.