The holiday season in Alaska is a time for festive cheer, but it also brings bustling stores, icy parking lots, and crowded aisles. While you’re focused on finding the perfect gift, an unexpected injury can quickly turn your holiday joy into stress and pain. If you've been hurt while shopping, you may wonder who is responsible for your injuries.
What is Premises Liability in Alaska?
In Alaska, property owners—including the owners of retail stores, shopping malls, and parking lots—have a legal obligation to keep their premises reasonably safe for customers. This is called a "duty of care." When a business owner fails to uphold this duty, and a visitor is injured as a result, the owner may be held liable for the damages.
Common Holiday Shopping Hazards
The holiday rush can create dangerous conditions that may not be present at other times of the year. Some of the most common hazards that lead to injuries in stores and parking lots include:
Slip and Fall Accidents: Spilled drinks, merchandise left on the floor, uneven surfaces, or—most commonly in Alaska—wet and icy floors from snow and slush tracked in from outside.
Poorly Maintained Walkways: Cracked sidewalks, broken handrails, or inadequate lighting in parking lots can lead to trips and falls.
Falling Merchandise: Overstocked or improperly stacked shelves can cause heavy items to fall and injure shoppers.
Inadequate Crowd Control: During a chaotic sale, insufficient security or a lack of organized entry and exit points can lead to dangerous crowd surges or even altercations.
Proving Negligence: The Four Key Elements
To hold a property owner responsible for your injuries, your case must generally prove four things:
Duty of Care: The property owner owed you a duty to maintain a safe environment. As a customer, you are considered an "invitee," and the highest duty of care is owed to you.
Breach of Duty: The property owner failed to uphold their duty of care. This could be by failing to clean up a spill, neglecting to put up a "wet floor" sign, or not clearing ice from a walkway in a timely manner.
Causation: The breach of duty directly caused your injury. For example, you must be able to show that you slipped on the uncleaned floor and that the fall is what broke your wrist.
Damages: You suffered actual harm, such as medical expenses, lost wages, or pain and suffering, as a result of the injury.
It's important to understand that property owners are not liable for every accident that happens on their property. You must be able to demonstrate that they knew or should have known about the dangerous condition and failed to take reasonable steps to fix it or warn you.
What to Do If You're Injured
If you or a loved one is injured while holiday shopping, your first priority is your health. Seek medical attention immediately. Once you are safe, take the following steps to protect your legal rights:
Report the Incident: Tell a store manager or employee about the accident and ask them to file an incident report. Request a copy for your records.
Document the Scene: If possible, take photos or videos of what caused your injury (e.g., the spill, the cracked pavement, the falling item).
Gather Information: Collect the names and contact information of any witnesses who saw the accident.
Preserve Evidence: Keep your shoes and clothing, and don’t throw away anything that could be considered evidence.
Navigating a premises liability claim can be complex, and Alaska's statute of limitations sets a time limit for filing. It's crucial to consult with an experienced legal team as soon as possible.
We know that an injury can be a difficult experience, and Ringstad Law Office, PC is here to help. If you have been injured while holiday shopping due to a property owner's negligence, we are here to help you understand your rights and guide you through the process. Your well-being is our priority, and we're committed to helping you seek the compensation you deserve.
To discuss your case, please call us today at (907) 891-7201.