Many stores stack boxes of products high on shelves to maximize space and stock more items. However, doing so can actually be dangerous for customers, especially if the boxes are not properly balanced or secured. If an item falls, it can cause serious damage to anyone struck. If you sustained injuries caused by falling merchandise, you may be entitled to compensation for your damages. To learn more about your legal rights and options, reach out to an experienced Sussex County premises liability lawyer at Laddey Clark & Ryan, LLP, and set up your free consultation today.
What is Premises Liability?
Premises liability is a law that holds property owners responsible for maintaining a safe environment for individuals who are lawfully present on the premises. This law applies to private homeowners, businesses, lessees, and any legal occupier of a property. These individuals and entities are legally obligated to provide a reasonably safe place for lawful guests and to prevent unnecessary accidents and damage.
If someone is injured on a property due to unsafe or hazardous conditions, the property owner can be held liable. This includes situations in retail stores where a customer may slip and fall or be struck by falling merchandise.
Can I Sue for Injuries Caused by Falling Merchandise?
Yes, if you suffered injuries caused by falling merchandise in a store, you can sue for compensation. In order to win a premises liability case, however, you must be able to prove that the store was negligent and that its negligence caused your accident and injuries. The four elements of negligence that must be proven are as follows.
- The property owner owed you a duty of care to provide a safe shopping environment.
- The duty of care was breached by failing to maintain safe conditions.
- The breach of duty directly caused or contributed to the accident and injuries you sustained.
- The accident and your injuries resulted in real damages.
Take, for example, a situation where the store owner was stocking shelves. They were in a rush to finish before the store opened and failed to secure heavy boxes with safety restraints. Throughout the day, the boxes began shifting due to customers walking and other vibrations. You were walking down the aisle when a box finally tipped over, striking you and causing you to fall. You sustained a concussion and severe bruising, which you were treated for by a doctor, and had to stay home from work for two weeks. You also suffered a herniated disc in your neck and had to receive treatment, including physical therapy and injections.
In this scenario, the store owner was negligent in their stocking practices and failed to use proper safety measures. They effectively breached their duty of care to their customers, which caused the box to fall and injure you.
Because of their negligence, you can hold them responsible for the damages you incurred, like medical expenses, lost wages, property damage, pain and suffering, and more.
For more information and to secure skilled representation, reach out to an experienced personal injury lawyer today.
