If you are injured by falling merchandise while shopping, it is crucial that you fully understand your legal rights and options. To learn more and secure skilled representation, contact a knowledgeable Washington, D.C. premises liability lawyer today.
How Do Falling Merchandise Accidents Happen?
It may seem unlikely that a store’s products would fall from the sky and injure a customer, but it is more common than you might think. Especially in retail stores, supermarkets, and warehouse-style wholesalers, large merchandise and boxes are often stacked up high to maximize space, and if proper security measures are not put in place, they could come loose and wind up hurting someone.
Common causes of falling merchandise accidents include the following.
- Overstocked or improperly balanced shelves
- Lack of safety restraints on heavy items
- Employees improperly restocking shelves during business hours
- Shifting shelves and items due to foot traffic and other movements
- Lack of warning signs
Falling merchandise can strike a person’s head and cause them to fall. Common injuries sustained in these accidents include concussions, bruises, sprains, fractures, broken bones, and even severe or permanent ailments like paralysis.
What if I’m Injured By Falling Merchandise in D.C.?
Injuries that occur in retail stores fall under what is known as premises liability law. This law holds stores and property owners responsible for maintaining a safe environment for their guests and customers. This means that entities (and private property owners) are required to regularly inspect and maintain their property, address hazards that could cause harm, and warn visitors of potential danger.
If you were injured by falling merchandise, there is a good chance that the store has not been kept to the standards that premises liability law requires. You can pursue legal action against the property owner to seek compensation for your injuries and other damages.
How Can I Win My Case?
In order to successfully file and win a premises liability claim, you must be able to prove that the store or an employee was negligent in some way. The four elements of negligence are as follows.
- Duty of care: The store owed you a duty of care as a customer to provide a reasonably safe environment
- Breach of duty: The store breached the duty of care by failing to properly secure merchandise, ignoring hazards, etc.
- Causation: The breach of duty directly caused your accident and injuries
- Damages: You suffered actual losses and damages as a result of the accident and injury
In order to prove these four factors, you must gather and present ample evidence for your case. Relevant information can include photos of the scene, security footage of the accident, witness statements, incident reports, medical records, bills, and more.
Building an effective case is imperative in ensuring you can collect compensation for both your economic and non-economic damages. To learn more and obtain legal counsel, contact Trombly & Singer, PLLC for your free consultation today.