Black Friday Store Negligence and Illinois Premises Liability Claims
Although Black Friday is meant to be about good deals rather than danger, every year, Illinois shoppers are injured due to overcrowded aisles, chaotic entrances, slippery floors, falling merchandise, and poorly controlled crowds. Since retailers are well aware that Black Friday brings larger-than-normal crowds and higher risks, they are required to keep their stores reasonably safe.
When stores cut corners on staffing, safety protocols, or crowd management, injured customers may have a valid premises liability claim under Illinois law. An experienced Chicago, IL premises liability attorney will examine the evidence related to your injuries, then build the strongest case possible on your behalf.
Why Black Friday Creates High-Risk Conditions
While most shoppers enjoy their Black Friday excursions, the following high-risk conditions are likely to be present:
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Limited visibility due to displays and sale signage
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Aisles crowded with extra merchandise and more shoppers than usual
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Understaffing
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Overstacked shelves
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Wet, slippery floors from heavy foot traffic
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Aggressive crowd surges
These situations can lead to slip-and-fall accidents due to spills or tracked-in snow and ice, or trip-and-fall accidents caused by cords, boxes, and cluttered aisles. Injuries from falling merchandise or collapsing displays are more common on Black Friday, and there are even more parking lot injuries due to poor lighting and additional vehicle and foot traffic.
What Are the Store’s Legal Duties Under Illinois Premises Liability Law?
Under 740 ILCS 130/, Illinois retailers have a duty to maintain reasonably safe conditions and inspect for hazards regularly, especially during high-traffic events. Known hazards must be repaired, or customers must be warned of the hazard within a reasonable time frame. Adequate staff must be present to monitor the safety of shoppers, and crowd-control measures must be implemented when large crowds are expected.
Aisles, walkways, and emergency exits must remain clear and free of hazards, including stacked boxes that could topple onto a shopper. Cords may not be stretched across walkways to create a tripping hazard. When stores fail to account for an event like Black Friday, and a serious injury occurs, the store owner can be held liable for issues including poor crowd control, overstacked merchandise, cluttered exits, spills or ice and snow slush left unattended, inadequate security, and lack of crowd monitoring and control. Black Friday conditions do not excuse retailers from normal safety obligations.
What Must an Injured Shopper Prove Following a Black Friday Injury?
To bring a premises liability claim, the victim must show that a duty of care was owed to the public by the store, a hazardous condition existed, and the store knew or should have known about the hazard yet failed to fix or warn about it. It must then be shown that the hazard was directly responsible for the injury and that the injured person suffered actual damages, including medical expenses, lost wages, and pain and suffering.
Evidence that Can Help Support a Black Friday Premises Liability Claim
Incident reports drafted by store staff and photos of the hazard or the accident scene are essential when trying to prove a premises liability claim. Surveillance footage can be crucial to the claim and should be requested immediately. If there were witnesses to the accident, contact information should be obtained.
A premises liability attorney can ask for maintenance records, inspection logs, weather reports, and employee statements to back up your claim. Black Friday claims can be more difficult because hazards may appear and disappear quickly, and insurance companies may argue that the chaos is unavoidable, but this does not mean your claim is not valid and winnable.
Contact a Chicago, IL Premises Liability Lawyer
When people knowingly partake in Black Friday sales, it does not mean they are waiving their rights to a safe environment. A Rolling Meadows, IL personal injury attorney from Adler Injury Law, Ltd. will ensure your rights are protected during the hectic holiday season. Attorney Adler is dedicated to fighting for his clients’ rights against large insurance companies. To schedule your free consultation, call 312-236-2700.
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