The holiday season is filled with all kinds of things to do. Decorate your home, bake some good treats, and hit the shopping mall. December is a busy month. You should keep sight of the hazards lurking in everyday activities.
It is as true as ever when shopping this holiday season. Thousands of people get injured every season and sustain injuries that keep on giving long after the holidays have passed.
What do you need to be on the lookout for, and what can you do if you are injured? The answers are here to prepare you for the season ahead.
Duty of Care
One of the most important things to understand about shopping is that stores owe their guests a duty of care. Once you enter the store (and even the parking lot), they have a legal obligation to avoid causing you harm and have to do everything they reasonably can to ensure that.
When a store breaches this duty of care, it’s called negligence. When a store owner is negligent, they are responsible for the damages you incur, from medical treatment to lost wages and every pain and suffering.
What Causes Shopping Accidents?
Shopping injuries are a big category since they encompass injuries sustained in a retail establishment, mall, or store. Many injuries that occur while shopping is minor, but some severe injuries, such as broken bones, spinal cord injuries, and even death, can occur.
The most common injuries during the holiday season are:
Slip and Fall Injuries
You have to watch out for the things crowds leave behind, such as spilled liquids, but you also have to look out for wear and tear, such as torn carpets or insufficient lighting, which can all lead to a slip and fall. Even faulty escalators can cause serious injury.
Head and Neck Injuries
Merchandise is stacked high this time of the year, so you have to be on the lookout for flimsy displays, falling merchandise, and objects that can fall on your head, causing injuries to your head or neck.
Overcrowding Injuries
All the people around you can lead to injuries that are very dangerous to your health and safety, such as trampling injuries or falls.
Injuries in the Parking Lot
Many cars and people are trying to traverse the parking lot together, creating a dangerous situation. You can be hit by a car by negligent drivers or fall because the parking lots aren’t well maintained.
What To Do
If you’re involved in a shopping accident and injured this holiday season, it’s a good idea to find an attorney to help you with your case. You should get medical help for your injuries as soon as possible and keep a copy of your medical records to support your claim.
You’ll have to prove that the business owner or the store was liable for your injuries and gather all the evidence to support your case, such as collecting witness statements and security footage from the store.
No one expects to be injured during holiday shopping, but it happens – even in sunny Florida. That’s why it’s vital to remember what to do in case it happens to you.
About the Author:
Andrew Winston is a partner at the personal injury law firm Winston Law. For over 20 years, he has successfully represented countless people in all personal injury cases, focusing on child injury, legal malpractice, and premises liability. He has been recognized for excellence in representing injured clients by admission to the Million Dollar Advocates Forum and named one of America’s Top 100 High-Stakes Litigators. Mr. Winston is AV Preeminent Rated by the Martindale-Hubbell Law Directory, enjoys a 10.0 rating by AVVO as a Top Personal Injury Attorney, and has been selected as a Florida “SuperLawyer” from 2011-2022– an honor reserved for the top 5% of lawyers in the state – was voted to Florida Trend’s ”Legal Elite,” recognized by Expertise as one of the 20 Best Fort Lauderdale personal injury attorneys, named one of the Top 100 Lawyers in the Miami area for 2015-2022, and one of the Top 100 Lawyers in Florida for 2015-2017 and 2019-2022.
