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Holiday Shopping Liability

On Behalf of | Dec 2, 2017 | Product Liability

With the holidays upon us, many people become anxious about the dangers of holiday shopping. From defective products, identity theft, assaults, and crowded conditions, holiday shopping can be brutal! On top of that, carrying several bags in unsafe conditions such as dim walkways and holiday spills can lead to dangerous slip and fall accidents. But who is liable for these incidents?

Property owners are responsible for ensuring the safety of customers on their premises. They should inspect their property and make sure is ready to handle the holiday crowd. They should also have good security to handle any emergency, including those that may cause an accident. When business and commercial property owners fail to maintain their premises and keep safe conditions, they are held accountable for their negligent behavior when it results in a slip-and-fall injury. These cases also extend to areas such as parking lots and walkways and some areas nearby the building, as long as it is considered their property.

What About Intentional Injuries?

While nobody likes to become the victim of a robbery or assault, it is very common during the holidays since there are too many distractions out there. It is the perfect scenario to steal and get away with it. There is also more traffic at the stores and crimes tend to increase. When business owners fail to protect their property, especially if there were other crime occurrences in the past, they are responsible for the consequences of future criminal activity.

What Can You Do If You Are Injured?

If you or a loved one has suffered an injury at a shopping center or mall, the first thing you should do is report the accident and call your California personal injury attorney to help you recover your losses.

Holiday Product Liability

If you bought a dangerous or unsafe product during the holidays, you are probably concerned about who is responsible for the damages. Product liability involves three major categories of claims:

  • Negligence: This is generally related to poor design or manufacturing. Manufacturers should warn users about potential harms as well as provide clear instruction on how to effectively use the product.
  • Breach of warranty: This is what the product promises to be but it is not. In other words, if the product is not safe to use for its intended purpose, and it causes injuries to the user, the injury party can hire a California product liability attorney and pursue a claim.
  • Strict liability: This is when the product was defective prior to being sold.

Although the last thing on your mind is being harmed or injured by an unsafe holiday gift, it happens so often. Manufacturers and sellers should offer products that are safe and easy to use. If you believe you have a product liability claim, don’t hesitate to contact us today. We are also available during the holidays. We wish everyone a safe holiday shopping experience!