The holiday season is known as the season of gift-giving. And while it's a time of joy, unfortunately, busy stores and crowded malls can also become places where serious accidents and injuries occur. If you or a loved one has been hurt while shopping this holiday season, you may wonder who is responsible.
Understanding Premises Liability
When you visit a store, you are considered an invitee, which means the property owner owes you a duty of care. This legal concept, known as premises liability, requires property owners and managers to maintain a safe environment for their customers. They are expected to take reasonable steps to prevent foreseeable accidents.
A property owner’s responsibility includes inspecting the premises regularly for potential hazards, addressing any issues they find, and warning visitors of dangers that can’t be immediately fixed. If a store owner fails to uphold this duty of care, and you are injured as a result, they may be held liable for your damages.
Common Accidents and Causes
Holiday shopping brings unique risks due to increased foot traffic and seasonal displays. Some common causes of injuries in stores during this time include:
Slip and Fall Accidents: Spills that are not cleaned up in a timely manner, icy patches in parking lots, or uneven flooring can all lead to serious falls. This is especially true when aisles are crowded and shoppers are distracted.
Trip and Fall Accidents: Merchandise left in aisles, loose cords from holiday decorations, or damaged carpeting can create tripping hazards. When stores are packed, it’s easy for these dangers to go unnoticed by shoppers until it’s too late.
Falling Objects: Poorly stacked displays of products or heavy decorations can topple over, causing head injuries or other catastrophic harm. Store owners must ensure that all displays are secure and stable.
Negligent Security: The holiday season can attract an increase in criminal activity. If a store owner fails to provide adequate security, and you are harmed as a result of a crime, they might be held accountable under premises liability law.
Proving Liability and Your Right to Compensation
To hold a property owner accountable for your injury, it is necessary to prove that their negligence was the cause of your accident. This typically involves demonstrating that the owner either knew about a dangerous condition or should have known about it through reasonable diligence, but failed to take appropriate action. This is a complex process that requires a thorough investigation and a deep understanding of Florida’s premises liability laws.
If you have been injured due to a store owner’s negligence, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering.
Seek Legal Help from Miami Personal Injury Attorneys
At Rossman, Baumberger, Reboso & Spier, P.A., we don’t just take on a case; we take on a cause. If you have been injured in a holiday shopping accident, please know that you do not have to face this challenge alone.
Our diligent team has extensive experience investigating these types of cases. We work to gather crucial evidence, such as incident reports, surveillance footage, and witness statements, to build a strong case on your behalf. We believe that negligent parties must be held accountable for their actions and the harm they cause. We understand the physical, emotional, and financial toll an injury can take on you and your family, especially during the holidays. We are dedicated to helping our clients get their lives back on track.
Contact us today at (305) 900-5493 to schedule your free consultation.