Pop‑up retail spaces carry a special legal risk when it comes to falls. As a slip and fall lawyer can share, these temporary locations often expose visitors to hazards that permanent stores guard against more readily.
What Makes Pop‑Ups More Hazardous
Pop‑up shops, whether in vacant storefronts, inside shopping malls, or even in sections of a parking lot, are short‑duration retail ventures. Because they are temporary by design, they often lack the infrastructure, oversight, and maintenance rigor of full-time stores.
Here are a few specific risk factors:
- Flooring and transitions: Temporary floors, mats, or raised platforms installed to create a “pop‑up feel” may have uneven joints, gaps, or shifts that cause trips.
- Inadequate lighting: Since pop-ups may use portable lighting or borrow wiring, some corners or walkways may be dim or shadowed, increasing the chance a visitor won’t see a hazard.
- Spills, debris, or clutter: Stocking and unpacking in compact, makeshift spaces often lead to boxes, packing material, or spilled liquids left in customer paths.
- Weather intrusion: If a pop‑up is in an open lot or semi-outdoor area, rain or tracked-in water may go unaddressed longer, creating slippery surfaces.
- Rapid setup and teardown: Because pop‑ups have short lifespans, the build-out and tear-down phases often happen hastily, with less oversight of safety checks.
These structural and operational peculiarities mean that the duty of care in a pop‑up setting may be easier for a plaintiff to argue was breached.
Who Owes The Duty And Who May Be Liable
In a slip‑and‑fall claim arising from a pop‑up space, liability may fall on one or more parties. The pop‑up operator is often first on the chopping block. The owner/operator of the pop-up typically controls its interior operations, such as where fixtures are placed, how surfaces are maintained, and how hazards are monitored. If they fail to inspect, warn, or remedy dangerous conditions, they can be responsible.
If the owner/operator is not liable, the property owner or lessor is often the next potential source of liability. Particularly for areas outside the leased pop-up facility, such as common walkways, sidewalks, and parking zones, the landowner may retain responsibility. Even for interior spaces, leases or agreements may impose maintenance obligations on the landlord.
Third Parties
In some cases, contractors, subcontractors, or event planners who contributed to the setup or maintenance may share in liability.
Whether you sue the pop‑up operator, the landlord, or both depends on the language of leases/agreements, the nature of control over the premises, and the location of the hazard.
What The Injured Person Must Prove
To succeed in a premises liability case arising from a pop‑up fall, a plaintiff typically must show:
- The defendant owed a duty of care to invitees or lawful visitors.
- The defendant breached that duty by failing to act as a reasonable person would (for example, by ignoring a dangerous condition, failing to warn, or failing to inspect frequently).
- The breach caused the fall and resulting injury.
- The plaintiff suffered damages (medical bills, lost wages, pain and suffering, etc.).
Unlike staged or insured permanent stores, pop-up operators often lack experience or established inspection protocols, making it easier to argue a breach. Courts will also examine whether the hazard was discoverable in sufficient time for corrective action. However, defenses may include notice (the defendant lacked actual or constructive knowledge of the hazard), that the condition was open and obvious to a reasonable visitor, or that the injured person contributed to their own harm. With all of these complex factors involved in a pop-up-related slip and fall case, a general practice attorney often has the proper knowledge and experience to ensure all of the right boxes are checked in a case.
Best Practices To Reduce Risk
Though this is from the operator’s or landlord’s perspective, understanding risk reduction helps you evaluate a case:
- Conduct frequent walk-through inspections, including before opening and during operating hours
- Use non-slip flooring or mats, and ensure transitions between surfaces are flush
- Mark hazards clearly with signs, cones, or barriers
- Ensure adequate, uniform lighting
- Keep walkways free of clutter, stock, and debris
- Maintain strong insurance tailored to public liability and premises risk
- Define maintenance and inspection obligations clearly in lease or vendor contracts
- These precautions help establish a standard of care that a court may reference
As our friends at the Law Offices of David A. DiBrigida can share, pop-up spaces present complex questions about who had control and duty over the particular zone where the fall occurred. If you’ve been hurt in a fall at a temporary retail space, speak with a local attorney to learn more.