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Falling Merchandise in Retail Stores: Know Your Rights

01/17/2022
Personal Injury
BY

Most consumers do not expect to be injured by merchandise that falls on top of them when they head out of the house for a fun shopping day at their favorite retail establishment.  However, personal injuries sustained from merchandise are more common than you think.   

If you were injured by merchandise that fell on you at a retail establishment and have questions about your case, contact the Florida injury attorney at Searcy Denney today.  Our attorneys have experience working with clients injured by merchandise that fell on them.  Our attorneys can help explain the legal remedies available to you and advocate for your rights. We are pleased to provide comprehensive and personalized services for all of our clients which include but are not limited to:

  • Helping our clients find quality medical care after sustaining serious injuries, 
  • Dealing with insurance companies, and 
  • Litigating lawsuits in court when necessary. 

Our firm offers a free initial consultation for our clients so we can explain the legal services that our firm can provide for your merchandise accident case.   Call our office today for a free case evaluation with one of our Florida injury attorneys.

What Are Causes of Merchandise Falling on Customers?

Merchandise can fall on a customer for a variety of different reasons.  Some examples of why these accidents occur include but are not limited to:

  • Defective shelving units.  Sometimes merchandise falls off of a shelf because the shelving unit itself is defective or was installed incorrectly.  Additionally, sometimes store owners may not select proper shelving units that can hold the weight of the merchandise.  When this happens the shelving unit may collapse causing the merchandise on the unit or even the shelving unit itself to fall on customers, causing severe injuries to the customer.  
  • Negligent placement of merchandise on shelves.  Sometimes a store employee may not properly place merchandise on shelves or may stack them incorrectly.  When this happens, merchandise may shift and get knocked off the shelf onto a customer shopping below the unit.  
  • Negligent operation of equipment.  In some situations, a store employee may negligently operate equipment that either bumps into a shelving unit holding merchandise or may negligently use equipment to pull merchandise off the shelf incorrectly causing it to fall off the shelf onto a customer. 
  • Failing to address shoppers moving merchandise.  Sometimes shoppers can move merchandise causing other merchandise to shift.  When a store owner does not periodically check shelving units and storage of merchandise to address items improperly stored on the shelf after other shoppers have moved the merchandise, this can cause the merchandise to fall off shelves onto other shoppers.  It is important for store employees to periodically check merchandise stored on shelves to make sure it is safely placed on units. 

What are Your Rights After Merchandise Falls on You in a Store?

If you suffered serious injuries after merchandise fell on you in a store, you may have a claim against the store owner to recover damages for your injuries.  As a first step, after sustaining injuries from merchandise falling on you in a retail store, seek medical attention right away.  Do not wait.  If you fail to receive medical attention right away, you may be limited in the amount of compensation you may be able to recover for your injuries.  

Next, after you take immediate care of your injuries by receiving medical treatment, you should immediately report the accident to the owner of the store or the store manager.  Time is of the essence when reporting your accident so don’t wait too long to let the store know.  Be sure to get the name of the store employee you made the report to and get a copy of the report.  You will also want to start collecting documentation of your injuries including medical bills and expenses that you begin to incur.  Documentation of the accident and your injuries is key to building your case and ensuring fair compensation for your injuries.  

Some store owners may file a claim with their insurance company immediately.   However, if you do not hear from their insurance company within a few days of giving notice of your injuries, you or your attorney may need to initiate the claim with the store’s insurance company.  If you have questions about how to initiate a claim, an experienced Florida injury lawyer at Searcy Denney can advise you as to the steps you should take following the accident and can walk you through your case every step of the way.

There are a variety of different types of damages that an injured party may pursue when merchandise falls on them including both economic and non-economic damages such as:

  • Medical expenses;
  • Lost income;
  • Pain and suffering; and 
  • More 

If you are unsure about the damages you may be able to recover for the injuries you suffered from merchandise falling on you in a retail store, speak with an experienced Florida injury lawyer.  The Florida injury attorney at Searcy Denney can help explain the process for filing a personal injury claim and can negotiate with insurance companies on your behalf to ensure you obtain fair compensation for the injuries you sustained.   Our attorneys have extensive experience working with clients who were injured from store merchandise that fell on them.  Our attorneys can help explain the legal rights and remedies available to you for the injuries you sustained from your merchandise accident. Call us today for a free case evaluation with a Florida injury attorney

Next Step? Call a Florida Injury Attorney at Searcy Denney Today!

Were you injured from merchandise that fell on you while visiting a retail establishment? If so, contact Searcy Denney today. A Florida injury attorney at Searcy Denney can help you determine whether you are entitled to damages.   We have decades of experience in personal injury cases and fight for our clients at the negotiating table and in the courtroom. Call us toll-free at 800-780-8607 or contact us online to schedule a free initial consultation with one of our Florida injury attorneys. We have offices conveniently located in TampaWest Palm Beach and Tallahassee.

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