Holiday Shopping & Knoxville Premises Liability Claims

It seems as though the holiday shopping season gets crazier with each passing year. Bigger sales. Bigger discounts. Bigger crowds.

premises liability lawyers in Knoxville frequently see cases stemming from injuries sustained during the holiday shopping season. Whether it’s traffic accidents, injuries at home or accidents that occur in shopping malls, restaurants or on business property, the holidays can be a dangerous time.

Tennessee premises liability claims may include:

-Elevator and escalator accidents

-Crowd injuries

-Slip and fall accidents

-Dog bites

-Parking lot injuries

-Sidewalk or stairwell accidents

-Theater injuries

-Assault/negligent security

-Evacuation injuries

-Merchandise falling from shelves

The Knoxville News Sentinel reports more than $52 billion was spent during last year’s holiday shopping season. And, as retailers continue to try to outdo each other, serious and even fatal injuries have been reported.

For the past several years, the Occupational Safety & Health Administration has issued a bulletin warning employers of the risks.

Business owners incur a special obligation for the safety of employees and customers when promoting outrageous bargains that are likely to draw intense public interest. In such cases, barricades, rope lines and other crowd-control measures should be implemented. Emergency plans should be in place and security guards may even need to be hired.

“Crowd control and proper planning are critical to preventing injuries and deaths,” said Dr. David Michaels, assistant secretary of labor for occupational safety and health. “OSHA urges retailers to adopt a crowd management plan during the holiday shopping season that includes a few simple guidelines.”

Likewise, store owners, mall managers and property owners have an obligation to provide safe passage for customers and guests. Those who are injured may be entitled to compensation for medical bills, lost wages, pain and suffering and other damages.

The determining factor in a premises liability claim is whether a defendant enterprise was negligent in not properly managing the risk. Collection of damages is likely when an injury victim can prove a property owner knew, or should have known, about the presence of a dangerous condition. Business owners face a higher burden than private property owners, where a victim’s ability to collect depends on their status as an “invitee,” “licensee” or “trespasser.”

Critical in such cases is contacting an experienced Knoxville premises liability attorney as soon as possible in the wake of an injury accident. Typically, property and business owners move quickly to make repairs once an injury accident has occurred. Documenting the location of your accident, talking to witnesses and determining the availability of surveillance footage or other evidence can have a dramatic impact on the outcome of your case.

As we reported recently on our Tennessee Injury Attorney Blog about fall accidents, comparative negligence law in Tennessee allows a victim to collect damages even if he or she was partially at fault.

If you are involved in an injury accident in Knoxville, contact Hartsoe Law Firm, P.C. for a confidential consultation to discuss your rights at (865) 804-1011.

Additional Resources: Shoppers gear up for Black Friday sales, By Carly Harrington, Knoxville News Sentinel, Nov. 21, 2012.

Tennessee School Bus Accident Injures 20, Published by Hartsoe Law Firm, P.C., Sept. 20, 2012.