For many of us, the day after Thanksgiving is the day for great holiday shopping deals. However, there is a dark side. Injuries and even death have resulted from Black Friday crowds at stores like Wal-Mart.
Last year, eleven shoppers were injured and a Wal-Mart employee was trampled to death by shoppers eager for a bargain during tough economic times. Wal-Mart ended up paying almost two million dollars in a premises-liability settlement with the injured parties.
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) said the employee death was preventable and help Wal-Mart liable for improper crowd control. Osha determined that the store did not have an appropriate crowd management plan and did not provide employees with the tools and training to manage the expected crowd of shoppers. Wal-Mart was issued a serious citation under OSHA’s general duty clause for exposing workers to the hazard of being crushed by the crowd. Wal-Mart was fined $7,000, the maximum penalty for a serious violation. While retailers have the responsibility to protect their employees, they also are liable for injuries to shoppers.
You have a right to be safe while shopping, and a retailer must try to make the environment safe and warn of any dangers.
SAFE Atlanta advises that shoppers take the following steps to stay safe and avoid injury.
• Stay aware. As in any potentially dangerous situation, being aware of your surroundings while shopping can make the difference between being swept into a crowd or escaping it. • Look for warning signs. Often a crowd will be spurred into action by just a few loud, angry individuals. Keep an eye out for belligerent behavior and think about how you can stay out of the way. • Trust your intuition. If you feel that something isn’t right, go with that feeling. Put some space between yourself and the crowd.
Black Friday is also a big day for crime. Here are a few more tips for keeping yourself and your possessions safe.
• Leave your purse at home. Keep your driver’s license, credit cards and cash in separate pockets close to your body. If you must carry a purse, keep it small with a strong strap. • Shop with a friend. There is safety in numbers. • Let someone know where you’ll be going. Leave a list at home with the places you plan to shop. • Carry a cell phone. • Avoid the ATM. Get your cash in advance if possible. If not, go to a well-lit ATM inside a mall or store. • Park under the lights and keep your door locked. If you have to be there for the midnight opening, park under the lights, keep your doors locked until the store opens, and bring a friend. A flashlight is also handy. • Don’t fight. In tough economic times, people can get emotional over a good bargain. But, even the best deal isn’t worth getting hurt over. If someone else really wants that last wonder-toy, let them have it. If they threaten you, call for security.
Stay safe!
But, if you are injured, get medical care immediately. If the store owner seems sorry and offers to pay for your medical care, speak to a lawyer first. The true cost of an injury can be hard to determine, and factors such as lost wages, pain and suffering and on-going treatment should be taken into account. At Kaufman Law, we can help. If you are injured because of the negligence of a store owner, please contact us at any time. Call 1-888-973-3240 for a free consultation.
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