Skip to Content

What Is a Retailer's Responsibility During the Busy Holiday Season?

November 21, 2018 | Category: Personal Injury, Slip and Fall Accidents, Wrongful Death | Share

It’s that time of year! Everyone is shopping, but not everyone is shopping from home on the internet. Hundreds of people are frequenting local retailers in search of that special gift. If the gift is in particular demand, the crowds will be even worse.

What is a retailer's responsibility during the busy holiday season - Spivey LawRetailers and property owners have many responsibilities when it comes to their customers and employees. These responsibilities include, but are not limited to, the following:

  • Providing safe products
  • Organizing their aisles so they do not present hindrances for shoppers and employees
  • Stocking shelves so products can easily be accessed
  • Providing safe shopping carts with instructions on how to seat children in them
  • Maintaining clean facilities and reacting to any sudden spills or accidents
  • Training employees to not only ring up sales, but also to be conscious of what is happening in the store and to know how to react to any situation
  • Maintaining elevators and escalators in good working order and updating inspections
  • Providing proper lighting both inside and outside the establishment
  • Insuring that the sidewalk or entrance to the store is safe and there are no cracks or uneven surfaces that could cause slips and falls
  • Providing adequate security in and outside the facility

Both the store owner and property owner are responsible for maintaining a safe and danger-free establishment, according to Florida law. Should a shopper be injured in a store, he or she may have an injury claim against the store and/or property owner.

In Maryland, a plaintiff was using an escalator in a department store in a mall. When the escalator stopped suddenly, she was injured. The plaintiff filed a lawsuit against the companies which owned, operated, and/or maintained the escalator.

Shoppers are considered invitees. These are people who are invited onto the property for a business or public purpose, and they are owed the highest possible duty of care in Florida. Stores must be maintained in a reasonably safe condition, and the public must be warned of any potential dangerous condition or defect on the property. Should this not be done, the store owner or property owner may be held liable for injuries incurred by shoppers.

There are issues which need to be considered when filing a lawsuit. The injured person must establish that the business knew or ought to have known about the hazard and failed to correct it, resulting in the accident. Being just careless has not been proven as a criteria in a personal injury lawsuit; however, negligence is an important factor.

What damages can be recovered?

Should you or a loved one be injured as the result of the negligence of a retailer and/or property owner while shopping, you may be eligible for compensation for

  • Pain and suffering
  • Loss of enjoyment of life
  • Long and short-term medical care expenses
  • Lost wages

“Please contact our experienced legal team. We will be able to assist you in determining your rights,” said Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. “We are available to assist you 24/7, and there are no costs or attorney fees unless we make a monetary recovery for you.”


Fort Myers Slip & Fall AttorneyRandall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, Charlotte County at 941.764.7748 and in Collier County 239.793.7748.










Contact Us


Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation