Each holiday season brings stories of people scuffling in stores. Whether they are parents fighting over the last Tickle Me Elmo or cost-conscious shoppers grabbing the last big screen TV, many people take holiday shopping to extreme levels.
If you have been assaulted while shopping, you might have a premises liability claim. Store owners must take reasonable efforts to make their premises safe, and this includes protecting customers from physical assault. Please contact a Miami premises liability attorney for more information.
Determining if You Have a Valid Claim
The fact that you were attacked in a store or in a parking lot does not mean that the store is automatically liable. Instead, we have to look at whether the store had adequate security. There are many questions that your attorney will need an answer to, such as:
- Was there a history of assault on the premises? Where did the assaults occur and what were the surrounding circumstances? If a store has a history of people being assaulted in similar circumstances as yours, then you have a much stronger claim because the store should have foreseen that there was a security threat.
- What security does the store have? Are there guards who can maintain order? Were they properly trained, and did the store have enough of them?
The answers to these questions go a long way to deciding whether you have a claim. For example, a store might have a history of people getting into fights while grabbing goods off the shelves. If the store doesn’t do anything different year over year to improve security—such as storing popular items behind lock and key or hiring security guards for the holiday rush—then they might be liable.
When You Don’t Have a Claim
Fights can break out in stores that have sufficient security. A store does not guarantee the safety of customers, so they aren’t always responsible if someone pops off and hits someone.
Also, your lawyer will need to take a close look at your own conduct. If you initiated a fight, then you have a much weaker claim to compensation. Were you shoving or touching someone without permission? Those facts, if true, could work against you.
Contact a Miami Premises Liability Attorney
Negligent security claims are difficult because many businesses have powerful lawyers fighting to protect them from lawsuits. If you were injured, get the legal help you need. Dolan Dobrinsky Rosenblum Bluestein can help you pull together a case, so please call 305-371-2692 to schedule a free consultation.