Shopping Injuries Overview

Shopping-related injuries account for thousands of personal injury claims each year in the U.S. Most people don’t think of being in any particular danger when buying household goods at retail stores. But accidents sometimes do happen.

Below is a brief overview of shopping injuries and claims. If you’re injured while shopping, you’ll need to consider the facts of your own case carefully. A local shopping injury lawyer can explain your options. 

Types of Shopping Injuries

“Shopping injuries” broadly describe personal injuries that occur while visiting a grocery store, shopping mall, or other retail establishment. While many shopping-related injuries are minor, more serious injuries may include:

• Broken bones
• Sprains and pulled muscles
• Head trauma and traumatic brain injury (TBI)
• Spinal or neck injury
• More severe injuries leading to wrongful death (accidental fatality caused by carelessness)

Common Causes of Shopping Injuries

Types of shopping-related accidents that may occur on a store’s property include:

• Slip and fall cases as a result of wet floors, walkway obstructions, torn carpets, poor lighting in stairways, and escalator malfunctions
• Head and body injuries from falling objects, retail displays, out-of-reach objects, or other mishaps
• Shopping cart injuries and falls as a result of a cart tipping over or hitting a person
• Overcrowding injuries as a result of overcrowding hazards, such as trampling and pushing
• Parking lot injuries as a result of a cracked or improperly designed parking lot or failure to remove ice or snow
• Pedestrian accidents from traffic and roadway conditions in outdoor shopping malls or store parking lots

The rate of shopping injuries tends to increase during heavy shopping seasons, such as Christmas, Black Friday, and other holidays.

Liability for Shoppers’ Personal Injury Claims

People injured on commercial property, such as stores or shopping malls, may generally file personal injury claims under a state’s negligence laws. Negligence is carelessness by a defendant that leads to another person’s harm.

Store negligence occurs when a store owner breaches a duty of care to a shopper, the injured person. This means the owner caused the fall accident by failing to make reasonable efforts to prevent foreseeable harm.

Under premises liability laws, store owners must exercise reasonable care to see that a store’s premises are safe from hazardous conditions.

For example, stores must:

• Clean up spills quickly
• Remove fallen objects
• Fix broken stairs or railings
• Replace dead light bulbs
• Provide adequate general safety for customers

A store owner’s liability risk can be specific to the type of business operations they manage, such as:

• Gas stations and convenience stores
• Sports retail facilities, such as stores with a rock climbing wall or gym
• Jewelry stores, which may be vulnerable to robberies and related assault and battery injuries
• Home improvement stores, which often carry heavy products and dangerous equipment
• Shopping malls with elevators and escalators

How To Prove the Elements of a Shopping Injury Claim

To prove a store was legally responsible for a shopper’s injuries, the injured person must show:

• The store owner knew (or should have known) about a dangerous condition on their property.
• The store owner did not regularly inspect the store for dangers or provide adequate maintenance.
• The dangerous condition occurred regularly or existed for so long that the store owner had constructive knowledge of the dangerous condition.
• The shopper would not have been injured if there was not a dangerous condition on the property.
• There was a relationship between the dangerous condition and the shopper’s injury.
• The shopper suffered actual “damages” as a result of it.

The above points address the legal elements of a negligence claim. These elements are duty, breach, causation, and damages.

When fall injuries result from a store owner’s breach of duty to make the premises safe, a plaintiff can file a store injury lawsuit. Their medical expenses will help obtain a damages verdict or payment through an insurance claim. Medical bills can also document the nature of the fall injuries for use in court or in negotiations with an insurance company.

Possible Defenses to Shopping Injury Claims

Store owners who face a personal injury claim may raise the following defenses:

• No dangerous conditions existed on the premises.
• The store owner had no prior knowledge.
• The store owner took prior reasonable steps to correct any dangerous condition.
• The condition was so obvious as to be reasonably avoided.
• The danger did not cause the customer’s injuries.
• The injury occurred in a place where customers are not allowed.
• The store owner gave adequate warning (through signage or disclaimers).
• The individual alleged to be the store owner or in control of the premises does not, in fact, own or control the premises.
• The customer was negligent and assumed their own risk (the assumption of risk defense).

This is not an exhaustive list of available defenses. Lawyers can assert additional defenses or fight against them, depending on which side they represent.

Consider Legal Help If You’ve Been Injured While Shopping

If you have been injured while shopping on a store’s premises, you should discuss your potential case with an experienced personal injury attorney. A good personal injury lawyer can help determine whether a store was at fault. This may help you recover monetary damages for the injuries you’ve incurred.

Talk to a personal injury attorney near you to learn more about the strengths and weaknesses of your case. They can give you legal advice through a personal injury case review.