As Black Friday approaches quickly, stores and other areas become more dangerous. This higher risk of accidents means that you or a loved one could be injured in a rush to buy items at a discount. While shopping deals are tempting, it’s not worth risking your safety and well-being.
At Maison Law, we believe that no discount is worth such a risk. Our team of experienced California premises liability lawyers has the dedication and knowledge to help you navigate the claims process after a trampling injury on Black Friday. While you’re facing physical and emotional challenges, we can help. Contact us today for a free consultation to learn more.
Who is Responsible For a Black Friday Trampling Incident in California?
The Friday after Thanksgiving–commonly known as “Black Friday”–is one of, if not the, most popular shopping day of the year. Stores in California and throughout the country massively markdown their inventory in the hopes of making sales for the Christmas holiday. However, these deals have what could be considered unintended consequences–most notably incidents of trampling in the rush to buy items.
Regardless of the cause or circumstances, being injured in one of these incidents can be very scary. However, in the eyes of California law, these injuries and incidents fall under the umbrella of premises liability claims. In straightforward terms, premises liability comes into play when the party at fault, typically the property owner, bears responsibility for:
- An injury or incident that happens on their property.
As a general rule, property owners are required to maintain a reasonably safe standard for their property. Obviously, Black Friday events frequently lead to unsafe conditions. Thus, there are a number of different parties who could potentially be responsible if you’re injured in a trampling incident:
- Store Owners/Managers – Store owners and managers have a duty to ensure the safety of their customers during Black Friday sales events. They are responsible for crowd control measures, including limiting the number of shoppers allowed in the store at a time, providing adequate security personnel, and managing entrances and exits to prevent chaotic situations.
- Security personnel – If the store hired security personnel for the event, they also share responsibility for maintaining order and ensuring the safety of shoppers. This includes preventing overcrowding, addressing any unruly behavior promptly, and assisting in crowd management.
- Local authorities – In some cases, local law enforcement may be involved in maintaining order and responding to incidents during Black Friday events. Their role is crucial in ensuring public safety and may influence the outcome of determining responsibility.
- Shoppers – While shoppers themselves are not typically responsible for trampling incidents, their behavior can contribute to the overall chaos. Shoppers should follow store guidelines, exercise caution, and avoid pushing or aggressive behavior.
Should You Hire a Lawyer After a Black Friday Trampling Injury in California?
Obviously, with a number of different parties potentially being deemed liable for your trampling injuries, they will likely attempt to shift blame onto you. It’s not required, but collaborating with our experienced team of premises liability lawyers in California can significantly benefit your potential claim. Here’s why you should consider working with our team:
- Collecting and analyzing crucial evidence, including medical records and accident reports, to construct an effective case.
- Engaging in talks with the insurance company representing the store responsible for your injuries in pursuit of a fair resolution that makes sure you receive the financial support you rightfully deserve for your injuries.
- In the event that reaching a just settlement proves challenging, we will assist you in preparing and submitting a formal complaint against the liable parties, initiating the legal process.
- Representing your interests in court, diligently safeguarding your rights, and presenting compelling evidence to cover your claim for damages.
- Should the insurance company or the responsible party refuse to agree to a fair settlement, we’ll be ready to take your case to trial. We will present your case before a judge and jury, allowing them to render an impartial verdict.
Damages
Being injured in a trampling incident during Black Friday in California is going to likely cause you or a loved one significant damage. Most likely, you’ll be facing physical injuries and damage to your personal property, but these incidents can also be extremely traumatic emotionally and psychologically. All of these are factored into what is known as “damages”, which you can recover in a claim:
- Medical bills and other expenses for ongoing care
- Lost income
- Physical pain and emotional distress
- Loss of enjoyment of life or companionship
- In certain situations, punitive damages. This happens if the store or other parties were excessively negligent.
It’s crucial to remember that the outcome of each case hinges on the distinct circumstances of the incident and the progression of your claim within the legal system. Patience is key, as the claims process can be both time-intensive and complex.
Common Injuries in Black Friday Trampling Incidents in California
Again, Black Friday trampling incidents happen because the environment is chaotic. With that said, everybody responds to them differently. As such, you can expect to encounter the following injuries in a trampling incident:
- Bruises and contusions – In crowded situations, people can get pushed, shoved, or stepped on, resulting in bruises and contusions.
- Sprains and strains – The sudden and forceful movements in a crowd can cause sprained ankles, wrists, or other joints, as well as muscle strains.
- Fractures and broken bones – The sheer force of a crowd can lead to falls or people being knocked over, resulting in broken bones, particularly in the extremities.
- Cuts and lacerations – Tripping or being pushed can lead to cuts and abrasions, especially if there are sharp objects or debris on the ground.
- Head injuries – In severe trampling incidents, head injuries can occur, ranging from concussions to more serious traumatic brain injuries.
- Crush injuries – In particularly chaotic situations, people may be crushed against barriers, walls, or heavy objects, leading to crush injuries that can be severe.
- Psychological trauma – Witnessing or experiencing a Black Friday trampling incident can also lead to emotional distress and psychological trauma.
- Suffocation or asphyxiation – In extremely crowded conditions, there is a risk of suffocation or asphyxiation if individuals are unable to breathe due to the crush of the crowd.
- Heart problems – The stress and physical exertion of trying to navigate through a chaotic crowd
Protecting Yourself
It might seem easy to avoid a trampling injury at a Black Friday event–just avoid the crowd. However, this isn’t always possible, especially in stores with different layouts and schematics. So, if you do find yourself in a trampling incident during Black Friday, here are some things you can do to protect yourself and your legal rights:
- Seek medical care – Your health should always be your top priority. Even if you don’t feel injured, there could be hidden issues like internal injuries or a concussion.
- Inform the store – Most stores understand the chaos inherent in a Black Friday event, but you should still notify a store employee, manager, or supervisor about the incident as soon as possible. Ask for an incident report to be created, and provide details such as where and when it happened, and what caused it. Having an official record can be essential.
- Gather information – If there were any witnesses to the incident, collect their names and contact details. Their statements may be valuable in the future if you decide to pursue legal action.
- Document the scene – Use your smartphone to take photos or videos of the area where the trampling incident occurred. Capture any hazardous conditions or factors that contributed to the incident. Note the date and time in your documentation.
- Preserve any evidence – If you have any torn or damaged clothing or personal items as a result of the incident, keep them as evidence. They may help establish the severity of your injuries and the circumstances of the incident.
- Document your injuries and damages – Take photos of any visible injuries you sustained, and keep a detailed record of your medical treatment, including bills and receipts.
Remember that every situation is unique, and it’s essential to consult with a legal professional to understand your specific options and rights after a trampling incident during Black Friday in California. Your well-being and legal protection should be the top priorities in such circumstances.
Experienced Legal Support in California
If you’ve been injured in a Black Friday trampling incident, it can change your life in many ways impacting not just you but also your loved ones.
At Maison Law, our skilled and experienced California premises liability lawyers are here to guide you through the legal process of getting compensation from the party responsible for your injury.
We put you first, offering support and help every step of the way. Contact us today to schedule your free, no-obligation consultation.
