Black Friday and the holiday shopping season are supposed to be about gifts, family, and good deals, not emergency room visits and months of painful recovery. Yet every year, crowded malls and big box stores in Massachusetts see serious injuries from slip-and-fall accidents, trip hazards, and crowd crush incidents caused by poorly managed sales events. Retailers know these crowds are coming, they advertise them heavily, and they have a legal duty to keep shoppers reasonably safe while they are on the property.
If you or someone you love was hurt while shopping on Black Friday or during the holiday rush, you may be wondering whether the store is responsible, how you will pay medical bills, and whether it is worth calling a lawyer. Our article, by Jeffrey Glassman Injury Lawyers, a Boston-based personal injury firm, explains how Black Friday and holiday retail injury claims work and what steps you can take right now to protect your rights.
Why Black Friday And Holiday Shopping Are So Dangerous
Holiday sales create conditions very different from those on regular shopping days. Retailers often
- Pack aisles with temporary displays and pallets of merchandise
- Bring in huge crowds with short-term “doorbuster” promotions
- Staff up with seasonal workers who may not be adequately trained
- Deal with winter weather that leads to snow, ice, and water tracked into entrances
When stores fail to prepare for these predictable risks, shoppers can suffer
- Slip and fall injuries on wet or slippery floors
- Trip and fall injuries from boxes, cords, and cluttered aisles
- Crowd crush or trampling injuries when doors open or lines surge
- Head and neck injuries from falling merchandise pushed off the shelves
- Parking lot collisions and pedestrian knockdowns in poorly controlled areas
Common Types Of Black Friday And Holiday Retail Injuries
Slip And Fall Accidents: On busy shopping days, employees may not keep up with spills, tracked in snow, or wet floors near entrances and restrooms. Under Massachusetts premises liability law, commercial property owners must use reasonable care to keep their property safe for lawful visitors. That includes monitoring for hazards and, within a reasonable time, cleaning or warning about dangerous conditions.
Trip And Fall Accidents: During holiday sales, aisles fill with extra merchandise and displays. Loose extension cords, broken tiles, rolled up rugs, or boxes left in walkways can easily catch a shopper’s foot. If the store knew or should have known about these hazards and failed to fix or warn about them, it may be liable for resulting injuries.
Crowd Crush And Trampling. Black Friday crowds can become dangerous when retailers advertise limited doorbuster deals without adequate crowd control. These failures can lead to trampling, broken bones, concussions, and catastrophic crush injuries when shoppers surge forward. Courts often analyze these claims under premises liability and negligent security theories, focusing on whether the store should have anticipated the danger and taken reasonable steps to prevent it.
Other Holiday Retail Injuries
Retail injury claims may also involve
- Falling merchandise caused by heavy items stacked too high or jostled by crowds
- Escalator or elevator accidents in busy malls
- Assaults or fights when a store fails to provide adequate security for known high-risk events like midnight openings or popular electronics releases
Who Can Be Held Liable After A Holiday Shopping Injury
In Massachusetts, premises liability law generally holds property owners and occupiers responsible for injuries caused by their negligence on the property. Shoppers who are legally on the premises are “lawful visitors,” similar to invitees, and are owed a duty of reasonable care.
To succeed in a typical slip, trip, or crowd crush claim, an injured shopper must prove four key elements of negligence.
- Duty of care. The store or property owner had a legal obligation to maintain reasonably safe conditions for customers.
- Breach of duty. The store failed to act as a reasonably careful property owner would have, for example, by ignoring spills, leaving obstacles in aisles, or failing to implement basic crowd control measures.
- Causation. The hazardous condition directly caused your injury, such as slipping on an unmarked puddle or being knocked down when the crowd surged as doors opened.
- Damages. You suffered actual harm like medical bills, lost wages, pain and suffering, or permanent impairment.
Sometimes more than one party shares responsibility, for example, a national retailer, a local store franchise, and the mall property owner. An experienced Massachusetts personal injury lawyer can identify all potentially liable defendants and insurance policies.
Real World Style Scenarios
To understand how these cases work in practice, consider two everyday holiday injury situations.
Scenario 1: Slip At A Store Entrance On A Snowy Day
A Boston shopper visits a big box store on a December weekend. Snow has been falling all morning. Inside the entrance, melted snow and water are pooling on smooth tile floors. There are no mats and no warning signs. The shopper’s feet slide out from under them, and they suffer a fractured wrist and torn ligaments in the knee.
If store employees knew, or should have known, about the constant flow of snow and water, a jury could find the store negligent for failing to use reasonable measures such as mats, cones, and regular mopping.
Scenario 2: Doorbuster Crowd Crush
A chain retailer advertises a limited number of heavily discounted gaming consoles for a 5 a.m. Black Friday opening. Shoppers begin lining up before midnight. The store does not use stanchions, extra security, or a controlled entry plan. When the doors open, the crowd surges forward, knocking several people to the ground and causing severe back and shoulder injuries.
Because holiday crowds and aggressive Black Friday shoppers are entirely foreseeable, a store that fails to implement basic crowd management measures may be liable for injuries resulting from them under premises liability and negligent security principles.
What To Do After A Black Friday Or Holiday Shopping Injury
If you are hurt while shopping, the steps you take in the minutes and days that follow can significantly affect your legal claim. Try to
- Get medical care immediately, even if the pain seems minor at first; some injuries worsen over hours or days.
- Report the incident to store management or mall security, and request a written incident report.
- Document the scene with photos or video of the hazard, entrance, signage, and your visible injuries before conditions change.
- Collect witness information, including names, phone numbers, and short statements, if people are willing.
- Keep all records such as medical bills, discharge instructions, prescriptions, and proof of missed work; these documents help establish damages.
- Avoid giving detailed recorded statements to insurance adjusters before you understand your rights.
- Contact a qualified personal injury lawyer as soon as you can, especially if injuries are severe or you are being blamed for the accident.
When You Should Hire A Black Friday Or Holiday Retail Injury Lawyer
You should strongly consider hiring an attorney if
- You required emergency care, surgery, or follow-up treatment
- Your injuries kept you out of work or school
- You are facing ongoing pain, mobility limits, or permanent disability
- The store or its insurer is denying responsibility, claiming they “did everything they could” or that you were at fault
- Multiple companies may share responsibility, such as a retailer and a shopping center owner
- You are asked to sign a release in exchange for a quick settlement check
Massachusetts generally gives injury victims 3 years from the date of an accident to file a personal injury lawsuit, including premises liability claims. However, there are exceptions for certain types of cases. Waiting too long to speak with a lawyer can make it harder to gather evidence and may risk your right to compensation.
How Jeffrey Glassman Injury Lawyers Helps Shoppers Injured On Black Friday And During The Holidays
Jeffrey Glassman Injury Lawyers is a Boston-based firm that has represented thousands of injury victims across Massachusetts for more than three decades. The firm offers free consultations and handles personal injury cases on a contingency fee basis, meaning you pay no attorney fees unless the firm recovers money for you.
When you hire Jeffrey Glassman Injury Lawyers after a Black Friday or holiday retail injury, the legal team can
- Conduct a prompt investigation of the store and the accident scene.
- Obtain surveillance video, incident reports, maintenance logs, and Black Friday planning documents before they are lost or deleted.
- Work with safety, engineering, and crowd-control experts when needed to demonstrate how the store failed to meet reasonable practices.
- Identify all responsible parties and insurance policies.
- Calculate the full value of your losses, including medical bills, future care, lost wages, diminished earning capacity, and pain and suffering.
- Handle all communication and negotiation with insurers so you can focus on healing.
- File a lawsuit and present your case in court if the company refuses to offer a fair settlement.
Having a law firm that regularly handles complex personal injury and premises liability cases levels the playing field against large retailers and national insurance carriers.
Talk To A Boston Black Friday Injury Lawyer Today
If you or someone you love was hurt while shopping on Black Friday or during the holiday season, you do not have to figure everything out on your own while trying to recover. The attorneys at Jeffrey Glassman Injury Lawyers can review what happened, explain your legal options, and help you decide on the best path forward.
To schedule a free, no obligation consultation, call (617) 777-7777 or contact Jeffrey Glassman Injury Lawyers online today. There is no fee unless the firm wins compensation for you, and speaking with a knowledgeable Massachusetts personal injury lawyer now can help protect your rights and your future.
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