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Black Friday, the day after Thanksgiving, begins the holiday shopping season. Even though many shop on the internet, shopping in brick-and-mortar stores is still a tradition. Traffic back-ups, from midnight on, and long lines of shoppers outside stores offering incredible deals on this year’s hottest goods, give credence to this fact. Because of this, unfortunately, it is also a time for distracted shoppers in crowded parking lots, and stores more prone to accidents. 

Insurance companies report that there are 34 percent more vehicle accidents on Black Friday than any other day. Most of the more common accidents are parking-related as shoppers are distracted getting to, and leaving from, stores. There always seems to be a “mad rush”. It is recommended by the insurance companies that shoppers: 

• Avoid spaces beside cars parked at an angle.
• Park farther from store entrances, where it is generally less crowded.
• Use eyes and mirrors, and ask passengers to look around too in order to make sure the path is clear before pulling, or backing, out of a parking space. 

Since the short Christmas/Hanukkah shopping season is when retailers make the majority of their revenue, they tend to overfill store shelves, and entice shoppers with door busters throughout the store, many placed in areas where aisles may be narrowed. These practices can result in accidents when overfilled shelves topple over either on top of customers or into aisles making them tripping hazards. Also, staff is busier than usual and may not notice potential accidents in time to avoid them. However, under premises liability, the store owner, or corporation, has the responsibility to keep their premises safe and free from known hazards, including providing safe-walking areas throughout their facilities. 

According to the Occupational Health and Safety Administration (OSHA), 9 out of 10 injuries suffered at retail store properties are attributable to negligence. OSHA says that there is always a traceable reason for the cause of an accident. However, simply falling in a store does not make the store liable. The store must have been negligent, and the negligence must be proven to be the cause of your injury. 

To be legally responsible for the injuries suffered in parking lots and from slipping or tripping and falling on someone else's property, one of the following must be true: 

• The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
• The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
• The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it. 

“We at Spivey Law Firm, Personal Injury Attorneys, P.A. wish everyone a happy and safe holiday. However, should you or a loved one be injured while shopping due to the negligence of another, please contact us to determine your rights. There are no costs or attorney fees until we make a monetary recovery for you,” said Cape Coral Personal Injury Attorney, Randall Spivey.

Cape Coral Personal Injury Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.