After researching the latest fashion trends, you and your girlfriends decide to go shopping. The decision is made to visit a newly opened ladies clothing and fashion accessories store. They have a sign out that reads, “Grand Opening Sale!” They are still setting up their merchandise, but are open to customers. As you look around, you realize that some of the fashion brands are not recognizable brands. They are inexpensive knock-offs…with the exception of the handbags. They carry handbags by a famous fashion designer. You remember a recent news story about a semi-truck filled with designer handbags that was robbed of its goods. You playfully whisper to your friend, “No wonder they’re so cheap!”
What are the hidden dangers of shopping?
The owners and employees of the store are taking clothing out of boxes to hang the clothing on racks. Boxes are everywhere. There are loose hangers scattered on the floor. Is it enough for the manager on duty to tell you to watch your step? The loose hangers on the floor are a slip and fall hazard. While you should be careful and watch your step (because that’s what a reasonable person would do), the manager on duty is aware of the problem and has done nothing to correct it. A slip and fall is foreseeable. The manager has expressed knowledge of the problem. Instead of picking up the scattered hangers, the person continues to unpack and let hangers fall on to the floor.
See also: Spend Less on Your Classy Clothes with These 5 Tricks
You find a trendy looking long skirt. You try it on and it fits. What you don’t know is that the company responsible for manufacturing the skirt stopped offering it for sale because of the flimsy fabric. The hem on the skirts came undone without any foreseeable reason. This often caused women to get their feet or shoes caught up in the skirt and fall. This manufacturing defect injured many people. They are now being sued.
The Risk Of Faulty Merchandise
What if those designer handbags really are the ones that were stolen? If they are and the store owners knew they were stolen, they can be charged with receiving stolen property. Receiving stolen property is generally defined by four elements. The first element is receiving the property. The second element is that the property must be previously stolen. The third element is that the person receiving the property must know it was stolen. The fourth element is that the person with the property must deprive the owner of it. If a store is reselling known stolen property, it definitely aims to deprive the rightful owner of their goods. If you actually knew that the handbags were stolen, you may very well fit all of the elements of receiving stolen property as well.
See also: Shopping Trends for Working Women
Stores with questionable or unsafe conditions should be reported to the proper state agencies and business authorities. If you are injured in a retail setting, first get medical attention. Then, contact an experienced personal injury attorney to preserve your legal rights. Personal injury claims are subject to a statute of limitation. That means that eventually your right to sue will disappear.
About Author:
Robin is a writer for Byrd Davis Furman & Alden L.L.P., a business law and personal injury law firm in Austin, Texas. She enjoys shopping and having nice designer brands.
