Retailers Are Accountable When Customers Are Injured By Falling Objects
A shopping trip to your local supermarket or big box store should not be a dangerous mission. Yet, all too commonly, customers are injured through no fault of their own by falling merchandise, collapsed shelves and other safety hazards.
Our personal injury lawyers have successfully sued Louisiana retailers for failing to fulfill their legal duty to keep their patrons safe. If falling merchandise caused serious injuries and prevented you from working, our team will pursue fair compensation for your medical expenses and other losses. We have extensive experience with commercial accidents, including injuries to employees from falling objects.
Can I Sue If Something Fell On Me At The Store?
Yes, under Louisiana’s premises liability law, store owners can be held liable if they created or ignored a dangerous condition that resulted in a lasting injury to a customer. The statute says merchants owe a duty to exercise reasonable care to keep aisles, passageways and floors in a reasonably safe condition for visitors who are lawfully on the property.
The burden of proof is on the injured party, and that is where our experienced lawyers come in. We know how to investigate and document the safety lapses that allowed a serious injury to happen, so that we can pursue a claim for your rightful compensation.
Why Do Falling Merchandise Accidents Happen?
Some common causes of merchandise injuries include:
- Improperly constructed shelving that collapses
- Exceeding the weight capacity of shelves
- Stacking merchandise too high or in an unstable pattern
- Stacking heavy boxes on smaller boxes
- Forklift accidents that cause merchandise to crash down
- Employees moving items that had been stacked properly
- Failure to cordon off aisles where shelves are being stocked
Falling merchandise can cause serious injuries, including bad lacerations, crush injuries to limbs, broken bones, facial injuries, neck injuries and head trauma resulting in brain injury.
What We Have To Prove In A Premises Liability Case
The plaintiff (injured person) must establish several elements:
- A safety hazard – The merchandise fell because of a dangerous condition, such as the issues listed above, or some other threat to safety.
- A duty of care – The dangerous condition was in an area open to the public and was a foreseeable accident waiting to happen.
- Knowledge or constructive notice – The stories manager or employees knew of the hazard, were informed by a customer, or should have known about the unsafe condition through regular maintenance and inspection.
- Opportunity to address the hazard – Management had ample notice to take reasonable measures to correct the dangerous condition or warn the public but failed to fix it or take timely action.
- Monetary damages – A shelf collapse or object falling from above resulted in lasting harm that required medical treatment. You can be compensated for medical expenses and ongoing treatment, lost wages, any permanent impairment, and your pain and suffering.
We look at similar injury claims at that business, a history of OSHA violations or safety complaints by patrons or employees, and the circumstances of your accident.
What Should I Do If Merchandise Fell Down On Me?
Ideally, the injured person or a companion should take photos of the dangerous condition before it is corrected or covered up. Try to get the contact information of any witnesses. Notify the store manager before leaving the store. Seek medical attention promptly and follow up with all appointments and doctor’s orders.
Call In The Professionals
Don’t try to bring a falling merchandise claim without legal help. Our lawyers know the steps to take to preserve your rights and establish liability. We have the resources to pursue premises liability lawsuits against big box retailers like Lowe’s or Home Depot, grocery stores, drug stores, hardware stores and other commercial businesses, as well as claims against schools or other government entities.
Talk to one of our attorneys in a free consultation today. Call our Monroe or Bastrop offices at 318-284-8551 or email us with a few details about what happened.
