A shopping injury or shopping-related injury occurs when a person is injured while on premises that are owned by a business or retail distributor. Every year, shopping injuries account for thousands of personal injury claims in the U.S.
Shopping injuries typically occur as a result of a store owner’s failure to keep their store safe. They may also occur as a result of a failure to warn a customer of dangerous or unsafe conditions in the store.
Perhaps the most common type of shopping injury is a slip and fall accident, resulting in neck or back injury. Slip and fall injuries are almost always due to neglected floor conditions, such as wet, slippery floors, or a failure to clean a food/drink spill.
Some other common types or causes of injuries that may occur during shopping include:
Thus, the term “shopping injury” generally applies to injuries that are sustained by a person during the act of shopping. Shopping injuries do not necessarily involve a defective product or products liability- these are covered by other state laws.
Persons who are injured while shopping may be able to recover damages for their losses and for the costs associated with their injury. Legal claims for shopping-related injuries are usually based on a negligence theory or a premises liability theory.
The type of evidence required to prove a shopping injury may vary according to the type of injury, as well as the laws of the state involved. In general, it is required to prove that the retailer breached their duty of care to the shopper, and that the breach of care was the direct cause of the person’s injury.
Also, the injured party must not have contributed to their own injury through recklessness or a failure to heed warnings. If the injured party had contributed in some way to their own injury, it may reduce the amount that they can recover, or it may prevent recovery altogether.
Finally, it must be shown that the retailer does not have any valid defenses to the personal injury claim. Some common defenses that a retailer can raise include consent, waiver, and contributory negligence.
If you have suffered an injury while shopping, you should strongly consider hiring a personal injury lawyer for advice and legal representation. Be sure to support your claim by keeping tabs on medical documents and witness accounts of the incident. Your attorney can help compile the appropriate information to increase the chances of your claim's success.
Last Modified: 04-15-2015 10:06 AM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.