You woke up before dawn and posted up in front of the store. But you were not alone. When the doors opened, you and thousands of eager shoppers rushed to get inside. In the crush, you were hurt. What can you do?
You can sue for an injury that occurs on Black Friday, just like any other day. All the same rules apply to this frenzied occasion, meaning you will have to prove that injury was caused by someone's negligence. So let's take a look at how to prove a claim before you get back to that shopping list.
What Is Negligence?
Negligence is proven when a plaintiff shows that the defendant owed them a duty of care and breached it, causing an injury resulting in compensable damages. As an example, we will use a claim that you were hurt on a Black Friday shopping trip.
Say you are injured in the crush to enter a store. Your claim will be that the store owed you a duty of care and breached it by failing to appropriately channel customers on a morning that the store was known to be especially crowded, among other arguments arising from an investigation.
Now you must prove causation, or that the breach caused your injury. You were pushed and hurt, resulting in damages. Finally, you seek compensation for the medical expenses, lost work time, and more.
That is a negligence case boiled down to its basics. But in fact each element of negligence has nuances, and it takes more than pointing a finger and filing some papers to win a claim.
If you are injured shopping on Black Friday or any day, talk to a personal injury attorney. Do not delay. The sooner you contact counsel, the sooner investigations can begin.
Your lawyer will look into store security and safety arrangements, how many employees were working, whether their training was adequate, and numerous other aspects of store management. Counsel will investigate the conditions around the store and look into any other possible causes for your injury.
Proving a personal injury case is not easy but it need not be a pain. Consult with an attorney -- many lawyers assess cases for free and take claims on contingency.
- Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury)
- Filing a Lawsuit: Should You Sue? (FindLaw)
- Injury Checklist: What to Bring to Meet Your Lawyer (FindLaw)
Originally Seen On: http://blogs.findlaw.com/injured/2015/11/can-i-sue-for-a-black-friday-injury.html