Holiday Shopping and Premises Liability: What Shoppers in Kentucky and Tennessee Need to Know

The holiday season is one of the busiest times of the year for retailers in Kentucky and Tennessee. While the influx of shoppers is good for the economy, the crowded aisles and packed parking lots create an environment where accidents become more likely. Understanding premises liability law is essential for anyone venturing out to shopping centers during this time.

Under state laws in both Kentucky and Tennessee, property owners and managers owe a legal duty of care to their customers. In legal terms, shoppers are typically classified as invitees. This means the business owner must maintain the premises in a reasonably safe condition and must either fix known hazards or warn visitors about them.

Common hazards that arise during the holiday season include:

Weather-related conditions: ice and snow in parking lots or on sidewalks must be managed reasonably. If a property owner neglects to clear a walkway within a reasonable time, they may be liable for resulting injuries.

Indoor spills and debris: with high foot traffic, melted snow tracked indoors or spilled drinks can create slippery surfaces. Stores are expected to have protocols in place to identify and clean these spills promptly.

Crowd management: inadequate security or failure to manage large crowds during sales events can lead to crushing injuries or trampling.

If you are injured at a store, simply falling is not enough to prove a case. You must demonstrate that the property owner knew, or should have known, about the danger and failed to act. If you or a loved one has been injured while shopping, Freeman Childers is prepared to review the specific facts of your incident and help determine if negligence played a role.