How badly do you want that new TV? If you are like most Americans, the answer is “badly enough to wait in the cold outside a store, potentially overnight, and then make a mad dash for it when the doors open”. And there is nothing wrong with that. We all love a great deal, and the excitement of that moment can kind of feel like you’ve just won the lottery. In an age where everything seems to be getting more expensive by the day, the allure of getting fun items for cheap is probably stronger than ever.

But, again, like most Americans, you have probably seen some of the horror shows that take place during Black Friday. You have people acting out in ways that aren’t exactly flattering, and worse yet, people who seem to have no issues with hurting others to get what they want. And that is precisely where we are going to take a turn towards a legal discussion here. Because getting injured is not a good time, and getting injured due to the negligence of others is both insult, and injury.

The most important question to ask in the event of an injury in a place of business is this: “was the situation caused by a set of unsafe conditions which were either created by the business in question, ignored by them, or negligently overlooked?” If the answer is yes, then you are looking at a likely Premises Liability case. Any owner or operator of a place of business is required to do everything in their power to prevent or mitigate conditions which may lead to injury.

So if the business in question knew that they had created a potentially injurious situation, but chose not to address it, that creates liability. If they did not necessarily know, but took actions to create a situation that a preponderance of jurors might find to be negligent, that also makes them potentially liable. This can be relevant to anything from a slip and fall accident, to creating an uncontrolled mob situation in a store. Oddly enough, premises liability cases like this are sometimes the easiest to identify by the “common sense” test. If it doesn’t feel like it was fair, and it causes you lasting damage that costs you money, you may well have a case.

Of course, nothing is ever that easy, and establishing legal liability in a premises liability case requires the work of a skilled attorney. You may be able to began gathering the necessary materials to prove liability on the part of the business in question, but you aren’t necessarily going to know everything you should ask for, how you should go about acquiring it, or how to establish the proper pattern of evidence needed to build a case.

That said, here is a basic checklist to go by, should you ever find yourself in this situation. Firstly, make sure someone in the business with a degree of authority knows what happened, and cannot try to deny that they were made aware at the point in time that the incident happened. Having witnesses around that can attest to the conditions and particulars of the situation helps. Secondly, get photo and video evidence. Take your own pictures, or if you are injured badly enough, have whoever is assisting you take pictures. Photo evidence of the conditions is key to a good result. If CCTV footage exists, get it, or have your attorney get it.

By doing those key things, you will have set yourself up to more readily get the justice you deserve. And unfortunately, it is very likely that you will have had to get medical attention. Make sure that you get your medical documentation in order and as soon as possible. If by some chance you were injured but did not immediately receive medical attention, please be aware that this must be documented by a medical professional. Go get medical attention immediately.

Lastly, make sure that your attorneys have access to everything as quickly as possible. While your first call after an accident like this may not be to us, it should be your 2nd or 3rd call. While we would never suggest that all businesses will try to cheat their way out of being held responsible, a very large portion of them will make at least some effort to “cover up” the event. So the speed in which you gather the necessary materials and get them to your attorney may make all the difference in your case. Honestly though, we really hope you don’t need this advice this year, and that your entire holiday season is as wholesome as possible. Enjoy that new TV.