info@carolinalaw.com
info@carolinalaw.com
Many big box retailers choose to store merchandise at excessive heights. For example, large warehouses, such as hardware stores like Lowe’s and Home Depot, frequently store heavy boxes on shelving 10 feet or higher. Other retailers such as Wal-Mart, Sam’s Club, Costco, and BJ’s do the same. These stores often have to use large ladders or powered machinery, such as forklifts, to retrieve merchandise. Unfortunately, this merchandise sometimes falls and hits a customer or is dropped by a store employee. These are known dangers of using such high shelving, and falling merchandise can cause serious injuries.
Falling merchandise refers to items that fall from shelves, displays, or other storage areas in a retail setting. These items can range from small, lightweight products to large, heavy goods, and the potential for injury varies accordingly. Retail stores often stack merchandise vertically to maximize space, but this practice can pose significant risks if not done safely.
Falling merchandise claims are like any other negligence suit. They require you to prove that the Defendant acted unreasonably and unsafely. If an employee drops an item, this might be relatively straightforward. On the other hand, if an item simply falls, the investigation might be more detailed. You or your attorney will likely need to establish why the merchandise fell. Important considerations include:
Many of these retailers have hundreds of falling merchandise claims per year, highlighting the need for property owners to take safety seriously.
A property owner has a duty to keep the premises reasonably safe for customers and employees. Basic preventive measures, such as proper employee training, regular inspections of shelves and displays, and cautionary signage, go a long way toward ensuring safety. To prove that a hardware store or property owner acted negligently, your attorney will gather evidence showing that the duty to keep the premises safe was breached and that the breach directly caused your injury.
Ultimately, if you can establish that the falling merchandise resulted from the store owner’s negligence, you are entitled to the same personal injury damages recoverable in any other negligence case. This includes compensation for your past and future medical bills, lost wages, pain and suffering, permanent scarring, and disability.
Maginnis Howard has experience handling falling merchandise claims against corporations like Lowe’s and Home Depot, and can apply it to your case. We recently resolved a case involving an individual who was struck in the head by an item at a large hardware store. Our client experienced a concussion and suffered from recurring headaches as a result of the incident. The matter settled for a confidential six-figure settlement. Our attorneys and staff share an unwavering commitment to clients’ rights and comprehensive legal expertise. We have offices in Raleigh, Charlotte, and Fayetteville and serve clients across the Carolinas. We offer free consultations and operate on a contingency fee basis. That means clients only pay if a settlement or verdict is achieved. Contact us today to get started.