Many big box retailers choose to store merchandise at excessive heights. For example, large warehouse like hardware stores such as Lowe’s and Home Depot frequently store heavy boxes on shelving that is 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 the merchandise. Unfortunately, sometimes this merchandise will fall and hit a customer or be dropped by a store employee. These are known dangers of using such high shelving. The falling merchandise can cause serious injuries.
For example, we recently resolved a case for an individual who was struck in the head by an item at a large hardware store. Our client suffered from a concussion and recurring headaches. The matter settled for a confidential six-figure settlement.
“Falling merchandise” claims are like any other negligence suit. They require that you prove that the Defendant acted unreasonably and unsafely. If an item is dropped by an employee, this might be relatively straight forward. On the other hand, if an item simply falls, the investigation might be more detailed. You or your attorney will likely need to try to establish why the merchandise fell. Was it stored improperly? Did the shelf or other holding apparatus fail? Was someone working on the other side of the aisle who cause the merchandise to shift? Many of these retailers have hundreds of falling merchandise claims per year. Your attorneys can help gather evidence of these other claims to show that the manner in which these retailers store their merchandise is simply unsafe.
Ultimately, if you can establish that the falling merchandise was a result of the store owner’s negligence, you are entitled to the elements of 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 and can put that experience to work for you. To speak with one of our Raleigh attorneys, please visit our contact page. The firm offers free consultations to all personal injury victims. If we represent you, we will offer a contingency fee agreement. This means you pay no attorneys’ fees unless and until we make a financial recovery on your behalf.