What if I’m Injured By Falling Merchandise?

What is Premises Liability?

Accidents in businesses like department stores fall under what is known as premises liability law. Premises liability is the legal responsibility that a property owner or occupant has to provide welcomed guests with a reasonably safe environment. This includes keeping the property free from hazards, warning visitors about possible dangers, performing regular inspections to identify issues, and doing maintenance to keep the premises up and running.

When a property owner or employee fails to take reasonable steps to prevent accidents, any harm that is done can be considered their responsibility. For example, suppose that you are shopping in a department store for an air fryer. The boxes each weigh 20 pounds. The store owner stacked the boxes high on the top shelf without securing them in any way. As you walk down the aisle, one box teeters over and falls, hitting you on the head. You sustained a concussion and a broken arm from the fall.

As a lawful customer, the store owner owed you a duty of care. They breached that duty by failing to take reasonable safety precautions and being negligent in their stocking of the air fryers. Because their actions directly led to the accident and your injuries, you can hold them responsible and pursue compensation through a personal injury claim or lawsuit.

What if I’m Injured By Falling Merchandise?

If you are injured by falling merchandise, it is important that you take proper steps to protect both your physical health as well as your legal rights. Consider the following.

1. Seek medical attention as soon as possible, even if you feel fine or your injuries seem minor. It is important to have a medical record and ensure that there are no underlying symptoms.
2. Report the incident to an employee or the store manager and request a written report. Secure a copy for your records.
3. Take photographs of the scene, your injuries, the merchandise involved, and any other relevant shots.
4. If there were witnesses, get their contact information and ask them to make a statement for the incident report.
5. Consult a personal injury attorney to ensure your case is accurately assessed and get advice on the next steps to take.

It is important that you protect your legal rights and options after sustaining injuries in a retail store. Personal injury law can be confusing, so working with a skilled attorney ensures that you take all necessary steps, do not miss important deadlines, and can accurately and effectively gather and organize evidence.

To learn more and secure skilled representation, contact a lawyer at Rubenstein, Berliner & Shinrod, LLC for your free consultation today.