Shopping should be a routine, even pleasant experience, but it is not uncommon for customers to suffer unexpected injuries inside retail stores. One often-overlooked hazard is falling merchandise. Whether it is a box from a high shelf or an improperly secured display, these accidents can cause serious harm. If you have been hurt in this way, you may be wondering about your legal rights and whether you can pursue a claim against the store. Continue reading and reach out to a Bronx slip and fall lawyer from the Law Office of Richard M. Kenny to learn more.
What Causes Falling Merchandise Accidents?
Falling merchandise incidents often occur when stores prioritize maximizing space over maintaining safety. Many retailers store extra inventory on high shelves or above aisles, sometimes in unstable stacks. Heavy or oddly shaped items can shift over time, especially when shelves are overloaded or when employees fail to secure them properly. Customers browsing or reaching for products may accidentally disturb these items, and in some cases, vibrations from nearby activity or equipment can trigger a fall.
Poor employee training can also contribute to these accidents. Staff members who are not taught proper stocking techniques may leave merchandise hanging over the edge of shelves or use unsafe equipment to place items in high locations. In larger stores, where supervisors may not monitor every aisle closely, unsafe stacking practices can go unnoticed for days or even weeks. Regardless of the cause, the store has a legal duty to keep its premises reasonably safe for customers.
Can a Store Be Held Responsible for My Injuries?
If you are injured by falling merchandise, the store may be liable under premises liability law. In New York, property owners and businesses must maintain their premises in a reasonably safe condition and address hazards they know about or should have known about. If a store’s negligence caused your injury, you may have the right to seek compensation.
To establish liability, you must generally show that the store either created the dangerous condition or failed to correct it in a reasonable amount of time. For example, if merchandise was stacked too high or in an unstable manner, and that hazard caused your injury, it could be evidence of negligence. In some cases, surveillance footage, witness statements, and store maintenance records can help strengthen your case.
Compensation in these cases can include medical expenses, lost wages, and damages for pain and suffering. A skilled personal injury lawyer can assess the strength of your claim and handle negotiations with the store’s insurance company on your behalf.
What Should I Do After a Falling Merchandise Injury?
Your health should come first, so seek medical attention immediately, even if your injuries seem minor at first. Some injuries, such as concussions or soft tissue damage, may not show symptoms right away. Report the accident to store management and request that an incident report be completed. If possible, take photos of the scene, the merchandise that fell, and any visible injuries.
You should also gather contact information for witnesses, as their statements could be valuable later. Avoid giving detailed statements to the store’s insurance representatives before speaking to a lawyer, as anything you say could be used to minimize your claim. Consulting with an experienced New York City personal injury attorney early on will give you the best chance of securing fair compensation for your injuries.
If you have further questions or would like to file a claim, please don’t hesitate to contact the Law Office of Richard M. Kenny today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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