From the massive South Coast Plaza in Costa Mesa to the sprawling Del Amo Fashion Center in Torrance, Westfield Valley Fair in Santa Clara, and the Galleria at Tyler in Riverside, California’s largest shopping centers transform into high-energy retail destinations on Black Friday.
These and other major malls throughout the state implement extensive security measures during the holiday shopping season. But the sheer volume of eager shoppers can create potentially dangerous conditions when crowd control measures prove inadequate.
In 2023, tens of millions of Americans spent $9.8 billion on Black Friday sales, a 7.5% year-over-year increase. And Retail Dive forecasts sales will set another record this year, drawing big crowds.
As a shopper, you have the right to expect reasonable safety measures when participating in these large-scale retail events.
The Dark Side of Black Friday: A Pattern of Preventable Tragedies
According to the New York Post, Black Friday shopping incidents in America resulted in 11 deaths and 109 injuries between 2006 and 2018. The most notorious incident occurred in 2008, when a Walmart employee on Long Island lost their life after being trampled by a crowd of over 2,000 shoppers who broke through the store’s front doors. This tragic event became Black Friday’s first recorded stampede fatality and led to fundamental changes in how retailers approach crowd control.
Other serious incidents have occurred both inside stores and in parking lots:
- In 2011, twenty shoppers were injured in North Carolina when pepper spray was discharged into a crowd
- In 2012, two people were shot over a parking space dispute before even entering a Tallahassee mall
- In 2016, a shooting at a mall parking lot in South Jersey left one person dead and another injured
- That same year, a good Samaritan in San Antonio lost their life after intervening in an altercation at a store parking lot
These incidents highlight the various ways that inadequate security and crowd control can lead to serious injuries or worse. While retailers generated $6.2 billion in Black Friday sales in 2018 alone, this commercial success shouldn’t come at the cost of shopper safety.
Retailer Responsibilities Under California Law
When you enter a store as a customer in California, you’re considered an “invitee” – someone invited onto the property for business purposes. This status gives you the highest level of legal protection under premises liability law. During Black Friday events, retailers must:
- Assess and prepare for foreseeable risks based on expected crowd size
- Implement crowd management plans that align with OSHA guidelines
- Maintain sufficient security and staff presence
- Ensure all emergency exits remain clear and accessible
- Provide clear communication about entry procedures and store policies
- Monitor crowd density and respond to developing situations
When Retailers Fall Short: Common Injury Scenarios
Black Friday injuries often occur when retailers prioritize sales over safety. Consider these common scenarios:
A shopper gets crushed against a display when a store fails to implement an organized entry system, instead allowing crowds to rush in uncontrolled. Or consider when inadequate staffing leads to conflicts over limited merchandise, resulting in shoving and injuries. Perhaps most dangerous are situations where emergency exits become blocked by merchandise or crowds, creating potential fire hazards.
These scenarios represent real risks that occur when proper crowd control measures aren’t in place.
Your Legal Recourse in California
If you’ve been injured during a Black Friday shopping event, California law provides several avenues for seeking compensation. A successful premises liability claim requires proving that:
- The retailer knew or should have known about dangerous crowd conditions
- They failed to take reasonable steps to prevent harm
- Their negligence directly caused your injuries You suffered actual damages as a result
Under California’s comparative negligence system, you may still recover damages even if you were partially at fault for your injuries, though your compensation would be reduced by your percentage of fault.
Protecting Your Rights After an Injury
Time is crucial after a Black Friday shopping injury. Here’s what you need to do to protect your legal rights:
- Prioritize your health: Seek immediate medical attention, even if your injuries seem minor. Some injuries, particularly those from crushing or falling, may not be immediately apparent.
- Document everything: While still at the scene, if possible:
- Take photos of the area where you were injured
- Note any missing security personnel or barriers
- Record crowd conditions and any hazards
- Get contact information from witnesses
- Report the incident: Ensure the store creates an official incident report. Request a copy for your records.
- Preserve evidence: Keep all medical records, receipts, and any torn or bloodied clothing as evidence.
- Consult a legal professional: Personal injury cases involving retail liability can be complex. An experienced attorney can help evaluate your case and protect your rights.
The Path to Compensation
A successful claim may help you recover:
- Current and future medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Emotional distress
- Out-of-pocket expenses related to your injury
California’s two-year statute of limitations means you generally must file your lawsuit within two years of the injury date. However, it’s advisable to begin the legal process much sooner while evidence is fresh and witnesses’ memories are clear.
Moving Forward with Penney & Associates
Black Friday shopping shouldn’t put your safety at risk. If you’ve been injured due to a retailer’s negligent crowd control, you don’t have to face the aftermath alone. At Penney & Associates, we understand the complexities of premises liability law and how to build strong cases for injured shoppers.
Contact us for a free consultation to discuss your Black Friday injury case. With offices located across California, including Chico, Los Angeles, Rocklin, Roseville, Santa Clara, Sacramento, and more, we’re always within convenient reach. Our experienced legal team of personal injury trial lawyers will evaluate your situation and help you understand your options for seeking the compensation you deserve. Contact us today for a free consultation.
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