The day after Thanksgiving is by far one of the busiest for retailers, but also for customers. Stores are packed full of potential buyers, and everyone is fighting for the great doorbuster deals that they have been salivating over for weeks now. Unfortunately, the extra bodies, mixed with lack of sleep and overcrowded stores, often leads to injury – and sometimes, those Black Friday injuries can become severe if not life-threatening.
If you were injured during your Black Friday shopping trip, you can sue the store for those injuries, just like being injured any other day of the week. However, the same rules apply on Black Friday as they do the rest of the year, and you must prove that the storeowner’s negligence led to your injuries.
Negligence: What is it?
Ultimately, it is the plaintiff’s burden to prove negligence. As the injured party (the plaintiff), you must show that the defendant (the store owner, manager, etc.), owed you a duty of care and they breached that duty, resulting in your injuries and losses.
For example, say that on Black Friday you are waiting to enter a store, but the excess customers end up crushing you as you enter, causing serious injuries. Your claim to the courts would be that the store owed you a duty of care and breached such duty by allowing too many customers through the doors at once – leading to your crushing injuries. The store should have had a system in place to properly and safely channel patrons inside, especially since they knew that they would be crowded for Black Friday shopping deals.
Once you have shown that there was a duty of care, and that it was breached, you are also required to prove causation. That means showing that the breach of duty directly led to your injuries and damages (financial losses). If you did not suffer losses, then you do not have a valid personal injury claim against the store. Some items that you can seek compensation for include:
- Lost wages
- Medical costs
- Pain and suffering
- Property damage
Speak with an Attorney Regarding Your Case
Injuries that occur at a store fall under premise liability law. This law is very complex and often requires the assistance of an attorney. If you have been injured during a Black Friday sale, or any other type of sale, you should contact the personal injury attorneys at Schwartzapfel Lawyers P.C. today. We can assist you with your claim and represent you in court. Schedule a consultation by calling 1-877-737-4806, or fill out an online contact form with your legal questions.