Investigative Article: Uncovering the Legal Avenues for Compensation in Black Friday Injury Claims
Black Friday, the day following Thanksgiving, has always been synonymous with great discounts, deals, and huge crowds thronging stores nationwide. However, this sales phenomenon has seen an alarming surge in customer-related injuries - something that begs an important question. Who is liable for injuries sustained during Black Friday shopping brawls, and what legal avenues are available for compensation in such an event?
The Statistics Behind Black Friday Injuries
According to a website named the Black Friday Death Count, Black Friday incidents left 17 people dead and over 125 injured between 2006 and 2021. Trampling, slip and fall accidents, and altercations are among the most common types of injuries that occur during Black Friday shopping brawls. While most shoppers argue that such injuries are just an unfortunate occurrence, they do prompt an important question - are store owners liable for such injuries? And what legal options do shoppers have when they become victims of Black Friday brawls?
Legal Responsibility of Store Owners Under Premises Liability Law
A store owner is responsible for the safety of their patrons while on their premises. This becomes particularly relevant on Black Friday, where the risk of accidents increases due to the high density of shoppers. Arizona's premises liability laws require store owners to take reasonable precautions to prevent accidents and injuries, which include but are not limited to:
- Inspecting the store premises before opening
- Making sure that spills are cleaned up immediately
- Maintaining floors, stairs, and steps in safe condition
- Providing adequate lighting and security in parking lots
- Cautioning shoppers of any hazards that are not immediately obvious
Therefore, if a shopper sustains injuries due to the store owner's negligence, they may have adequate grounds to file a claim for damages under premises liability law.
Comparative Negligence Laws and Black Friday Injury Compensation
Arizona follows the comparative negligence principle where an injured party's compensation can be affected by their degree of fault in the Black Friday injury. The comparative negligence law provides that a plaintiff's compensation may be reduced by an amount equivalent to their percentage of responsibility for the injury. In other words, if the shopper is also at fault because they acted recklessly or carelessly, their total compensation may be reduced by their degree of fault.
For example, if a shopper was checking their phone while walking and tripped on an obstacle in the aisle and got injured, their compensation could be reduced based on their degree of fault.
Is Filing a Lawsuit Worth the Trouble?
The legal process can be daunting, and filing a lawsuit may seem like a lot of hassle and expense. However, if the shopper has sustained severe injuries, the compensation they can receive may far outweigh the costs of filing a lawsuit. Some of the costs that can be recovered when a shopper files a lawsuit include:
- Medical expenses
- Lost wages or salary
- Pain and suffering
- Disability or disfigurement
- Emotional distress
Moreover, filing a lawsuit puts the store owner's insurance company on notice that the case against them is serious and may trigger them to extend a settlement offer or make a fair offer at the outset of the negotiation process.
Consult with an Experienced Personal Injury Attorney
Shopping on Black Friday can be hectic and overwhelming, and sustaining an injury due to the store owner's negligence can only add to the chaos. Therefore, if you sustain injuries during Black Friday brawls, it is crucial to consult with an experienced personal injury attorney to discuss your legal rights and options. Additionally, a personal injury attorney will investigate the relevant laws and identify the parties liable for your injuries. All these factors make hiring a personal injury attorney your best bet if you have sustained injuries during Black Friday shopping.
In conclusion, if you suffer injuries due to a store owner's negligence during a Black Friday shopping spree, you may have grounds for making a claim under premises liability law or other relevant laws. It is worth contacting a personal injury attorney to help you navigate your legal options. They have the experience and expertise to help you recover compensation for your injuries and other losses.
Black Friday Brawls, Can You Sue for Injuries?-Black,Personal
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