Injured In A Store on Black Friday? What You Can Do

Black Friday draws millions of shoppers into crowded stores every year, and Massachusetts is no exception. Between the rush for doorbuster deals, packed aisles, and overflowing merchandise displays, the risk of getting injured in a store is real. Whether you slipped on a wet floor, were knocked down by a falling product, or got hurt in a crowd surge near the entrance, you may have legal options you do not know about. Brooks Law Firm is both a personal injury lawyer and immigration lawyer serving Massachusetts, and we help people who have been hurt because of someone else’s negligence understand where they stand. If you or someone in your family was injured while shopping this Black Friday, call Brooks Law Firm today at (617) 245-8090 for a free consultation.

Since 2006, the Black Friday Death Count project has tracked at least 17 deaths and 125 injuries tied to Black Friday shopping events across the country. Those numbers only reflect incidents that made the news. Many more go unreported, from twisted ankles in a parking lot to back injuries caused by unstable product displays.

What Happens When You Are Injured in a Store

When you are injured in a store, Massachusetts law requires the business to exercise reasonable care to keep its property safe for everyone lawfully on the premises. Since 1973, when the Supreme Judicial Court decided Mounsey v. Ellard, Massachusetts has applied a single standard: property owners owe a duty of reasonable care to all lawful visitors. As a customer invited into the store to shop, you are owed that duty in full.

In practical terms, here is what that means:

• The store must keep its floors, aisles, displays, and common areas in a reasonably safe condition.
• If a hazard exists (a spill, a broken tile, a loose shelf), the store must either fix it promptly or warn customers about it.
• The store is responsible for inspecting the premises regularly, especially during high-traffic periods like Black Friday.

A store that fails to meet this standard, and whose failure causes your injury, may be liable for your medical bills, lost wages, pain and suffering, and other damages.

Related: How Much Will I Get for Pain and Suffering From a Car Accident? – the principles of valuing pain and suffering in Massachusetts apply to premises liability cases as well.

Common Black Friday Store Injuries

The types of injuries shoppers sustain on Black Friday run the full spectrum:

• Slip-and-fall injuries from wet floors, spilled drinks, or recently mopped surfaces without warning signs
• Trip-and-fall injuries caused by merchandise left in aisles, uneven flooring, damaged mats, or extension cords
• Falling merchandise from overstocked or poorly secured shelves and displays
• Crowd-crush and trampling injuries during door openings, particularly when stores fail to manage lines or control capacity
• Parking lot injuries, including being struck by a vehicle in a chaotic lot with poor lighting or no traffic control
• Shopping cart injuries, including carts that tip, roll, or collide due to overcrowded aisles

When Black Friday Deals Turn Deadly: Real Accidents That Made National Headlines

These are not hypothetical scenarios. Black Friday store accidents have made national news repeatedly, and the pattern of retailer negligence behind them has not gone away.

A Walmart employee killed in a Black Friday stampede (2008). In the most widely reported Black Friday accident in U.S. history, a 34-year-old temporary worker named Jdimytai Damour was crushed to death when a crowd of roughly 2,000 shoppers broke through the doors of a Walmart in Valley Stream, New York. A pregnant woman and three other shoppers were also injured in the surge. Damour’s family filed a wrongful death lawsuit, and Walmart ultimately paid approximately $1.5 million in settlements. OSHA cited the retailer for failing to provide adequate crowd control, and Walmart spent years and millions of dollars fighting the $7,000 federal fine before finally dropping its challenge in 2015. (CBS News)

A store manager trampled by shoppers in Virginia (2012). At a Walmart in Hampton, Virginia, a store manager was knocked to the ground and trampled by a rush of Black Friday shoppers flooding through the entrance. Witnesses described her lying motionless on the floor as the crowd surged past. She was taken to the hospital for her injuries. (WTKR News)

An 11-year-old girl trampled at an Ohio Walmart (2013). In New Boston, Ohio, an 11-year-old girl and an elderly woman were trampled when Black Friday shoppers stampeded through the doors of a Walmart at opening. The child was hospitalized, treated for her injuries, and released. The incident drew national attention as another example of what happens when retailers promote high-demand events without adequate safety planning.

These cases share a common thread: a store created conditions that attracted massive crowds, then failed to manage those crowds safely. That failure is the foundation of a premises liability claim, and it is exactly the kind of negligence Massachusetts law is designed to address.

Even injuries that feel minor at first, like a tweaked back or a sore knee, can develop into something more serious in the days that follow. Seeking medical attention right away protects both your health and your ability to pursue a claim.

Are Stores Liable for Black Friday Injuries

The answer depends on what the store knew, what it should have known, and what it did about it.

Under Massachusetts premises liability law, a store can be held liable for a customer’s injuries if:

1. A dangerous condition existed on the property. This could be anything from a puddle in an aisle to a crowd that exceeded the store’s safe capacity.
2. The store knew or should have known about the condition. If an employee mopped the floor without placing a warning sign, the store knew. If a spill sat on the floor for 20 minutes during a rush, the store should have known through reasonable inspection.
3. The store failed to fix the hazard or warn customers. Fixing a hazard means cleaning up a spill, securing a shelf, or restricting access. Warning means visible signage that a reasonable person would notice.
4. The failure caused your injury. There must be a direct connection between the hazard and the harm you suffered.

Black Friday creates conditions that make these failures more likely. Stores bring in extra inventory, extend hours, open doors to massive crowds, and sometimes reduce staffing relative to foot traffic. When a retailer ramps up the conditions that create risk without also ramping up safety measures, and a shopper gets hurt as a result, the store may bear responsibility.

Related: At-Fault Accident in Massachusetts: Know Your Rights – this post explains how Massachusetts comparative negligence rules work in injury claims.

What About Comparative Negligence?

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, § 85. That means if you were partially at fault for your injury, your compensation is reduced by your percentage of fault.

However, you can still recover as long as your share of fault does not exceed 50%. So even if the insurance company argues that you were not paying attention or that you were running in the store, you may still have a valid claim. An experienced Massachusetts slip and fall attorney can help determine how fault is likely to be divided in your specific situation.

Steps to Take If You Are Injured in a Store on Black Friday

What you do in the minutes and hours after a store injury can significantly affect whether you are able to recover compensation. Here is what to keep in mind:

Report the incident to store management immediately. Ask them to create a written incident report. Get a copy or take a photo of it. If the manager refuses to give you a copy, write down the name and title of the person you spoke with.

Document the scene. Use your phone to take photos and video of the hazard that caused your injury, the surrounding area, and any visible injuries. If there were no warning signs near a wet floor or blocked aisle, photograph their absence.

Get witness information. If other shoppers or employees saw what happened, ask for their names and phone numbers. Witness testimony can be critical when a store disputes what occurred.

Seek medical attention. Go to an urgent care center or emergency room, even if you feel fine. Some injuries, particularly head injuries, soft tissue damage, and spinal issues, may not produce symptoms right away. Having a medical record that begins on the day of the injury strengthens your case.

Do not give a recorded statement to the store’s insurance company without speaking to an attorney first. Adjusters are trained to minimize payouts, and anything you say can be used to reduce your claim.

Related: What to Do After a Car Accident in Boston – many of the same evidence-preservation principles apply to any personal injury in Massachusetts.

What Compensation Can You Pursue After Being Injured in a Store?

If you can establish that the store’s negligence caused your injury, Massachusetts law allows you to seek compensation for:

• Medical expenses, including emergency care, surgery, physical therapy, medications, and future treatment
• Lost wages, if the injury prevented you from working
• Reduced earning capacity, if the injury affects your ability to earn what you earned before
• Pain and suffering, which accounts for physical discomfort, emotional distress, and the overall impact the injury has had on your daily life
• Out-of-pocket costs, including transportation to medical appointments, assistive devices, and household help you needed during recovery

There is no cap on non-economic damages (pain and suffering) in standard Massachusetts premises liability cases, unlike medical malpractice claims where a $500,000 cap applies. The value of your case depends on the severity of your injuries, the strength of the evidence, and how clearly the store’s negligence can be demonstrated.

Related: Average Car Accident Settlement in Massachusetts – while every case is different, this post explains how Massachusetts injury settlements are valued.

Know the Deadline: Massachusetts Statute of Limitations

Under M.G.L. ch. 260, § 2A, you generally have three years from the date of your injury to file a personal injury lawsuit in Massachusetts. That may sound like plenty of time, but evidence disappears quickly. Surveillance footage gets overwritten. Witnesses forget details. Stores repair hazards and move on.

The sooner you speak with an attorney, the better your chances of preserving the evidence that supports your claim.

Related: Statute of Limitations for a Car Accident in Massachusetts – this post covers the three-year rule and the exceptions that may apply.

Immigrants Injured While Shopping: Your Rights Are the Same

If you are an immigrant living in Massachusetts, whether you hold a green card, a visa, TPS, or are undocumented, your right to file a personal injury claim after being injured in a store does not depend on your immigration status. Massachusetts premises liability law protects anyone who is lawfully present on a store’s property as a customer.

You are entitled to the same medical care, the same legal protections, and the same right to pursue compensation as any other shopper. A personal injury claim is a civil matter, not a criminal one, and pursuing one does not involve the immigration system.

Brooks Law Firm understands the concerns that immigrant families face when deciding whether to seek legal help. Our team includes attorneys who handle both personal injury and immigration matters, and we serve clients in English, Spanish, and Portuguese.

Talk to Brooks Law Firm Today

Being injured in a store on Black Friday can leave you dealing with pain, medical bills, and lost income during what should be a time spent with family. If a store’s negligence caused your injury, you should not have to absorb those costs alone.

Reach out to Brooks Law Firm today at (617) 245-8090 to schedule a free consultation, and we will give you an honest look at your options. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.