What You Need to Know If You Are Injured at a Pop-Up Shop

Over the last few years, pop-up shops have become more popular. These temporary locations can be seen selling anything and everything you need, but they are usually only in a location for a short period of time.

If you are injured at a pop-up shop, you may have to figure out exactly who is responsible for your injuries. Is it the owner of the shop or the owner of the physical location where the shop is located? Here are a few things you may need to know.

Who Has Insurance?

Pop-up shops are typically set up in vacant properties for a short period. Whether they are set up for a few hours or a few months, the owners of the pop-up shop should have purchased some type of public liability insurance. This type of insurance is designed to protect the business owner from any type of claim brought against the business by a member of the public. 

Public liability insurance will cover:

• Bodily injury
• Property damage
• Legal expenses for the policy owners

Unfortunately, although pop-up shops should carry public liability insurance, some business owners do not due to the small size of the business. If the business is not insured, the business owner themselves can be liable for any injuries you sustain. They can be at risk of having their personal property attached to cover any claim that is filed against their business.

Public liability insurance is also a limited policy. It may only cover claims of injuries that take place within the actual business itself. If your injury takes place in the parking lot or outside of the shop itself, the liability may fall on the owner of the physical property where the pop-up is located.

Coverage would fall under the property owner's premises liability or general liability coverage. 

What Is the Difference Between Public Liability and Premises Liability Insurance?

While a public liability policy is limited in what and where it will cover if an accident occurs, a premises liability policy provides more coverage if an accident takes place anywhere on the business property. Not only does it cover any injury that takes place within the facility itself, but it also provides coverage for the grounds surrounding the business.

For example, if you were to trip and fall due to a crack in the sidewalk that leads to the door of the pop-up shop, your injury may not be covered under a public liability policy but would be covered under a premises liability policy. This is true whether the policy is held by the pop-up shop owner or the property owner.

Your injury may also be covered under any type of general liability policy being held by the property owner. Both policies would cover any medical expense you incur, but a separate premises liability policy may have higher amounts of coverage.

Is Anyone Else Liable?

In addition to the pop-up shop owner and the property owner, depending on where you sustain your injury, other people may also be liable. For example, if you were to slip and fall on a public sidewalk leading onto the business's property, you may have a case against the city or municipality where the sidewalk is located. 

Knowing exactly who to contact and deal with following an injury at a pop-up shop can be very confusing. If you accept a settlement offer from the wrong company, you could forego any further settlement or treatment options you may be due. 

Before you sign anything or agree to any settlement offer, you need to contact The Law Office of Paul R. Bennett. We will perform a full investigation into the circumstances surrounding your injury, determine who is at fault and negotiate the best settlement for you. Give us a call today so we can get started on your case.