Falling merchandise is an issue that affects big box stores nationwide, not just those based in Philadelphia. Improperly secured or misplaced products have been known to cause serious injuries to shoppers. Premises liability attorneys provide aggressive legal representation for victims injured by falling products. These lawyers are seasoned experts and help hold those responsible for your injuries accountable.
Unsuspecting shoppers are often injured by falling merchandise in Philadelphia's big-box stores. These stores tend to stack merchandise on high shelves, posing a safety threat to those who aren’t aware.
How Does Merchandise Fall?
Falling merchandise injuries can happen if:
- Products are improperly stacked
- Merchandise is insufficiently or inappropriately secured on shelves
- Shelves are not appropriate to support the weight of the products
- The store failed to warn shoppers of a known risk of unsteadily stacked merchandise
Shoppers can sustain devastating injuries from falling merchandise. Brain injuries or spinal cord trauma lead to concussions, paralysis, or even death in serious situations.
Victims can seek a personal injury claim against the property owner responsible for their injury. What this means is that the victim will have to first establish duty, breach, causation of the injuries, and damages.
A Duty of Care
It is a must to demonstrate that the property owner owed you a duty of care. In Philadelphia, property owners have a legal duty to maintain their premises in reasonably safe conditions. The duty of care is owed in a variety of degrees to those on the property. The three categories of visitors in a premises liability case are invitees, licensees, and trespassers.
For purposes related to big box stores, invitees are the most appropriate. Invitees are people invited on the premises for a public or commercial reason. These individuals are owed the highest duty of care. Landowners have to keep their property safe for all invitees. They are also responsible for correcting or warning the invitee of any known dangers that the invitee would not otherwise have discovered with reasonable care.
Then, shoppers must prove that the property owner breached their duty of care. If an owner failed to provide appropriate shelving for merchandise and it collapsed, this would be enough to demonstrate a breach of a duty of care. Once you can prove that the owner failed to exercise its duty of care and caused your injuries, you may have a case on your hands.
Philadelphia employers can be held liable for any employee’s negligence. Negligently stacking merchandise on the employer's property makes the employer accountable for the employee’s actions.
Compensation for Victims of Falling Merchandise
There are physical and financial consequences arising from falling merchandise that victims can seek compensation for. This includes, but is not limited to, medical expenses, lost wages, and loss of earnings. In more serious situations, if a loved one was killed as a result of falling merchandise, you are possibly able to recover damages through a wrongful death claim. Victims of this claim can receive compensation for a relative’s medical expenses, funeral and burial costs, lost wages, or any additional damages like loss of companionship.
Be careful of strict statutes of limitations on personal injury and wrongful death claims, though. You have up to 4 years after the accident to file a personal injury claim and 2 years after the accident for a wrongful death claim. If a victim does not file suit within these time frames, they risk losing the opportunity to pursue a claim.
Call Kwartler Manus Today
For falling merchandise in a big-box store, the dangers are severe. Personal injury attorneys are here to offer legal counseling and professional representation for any claim. Lawyers are equipped with the necessary skills, tools, and knowledge to support their victims and defend their rights. Call Kwartler Manus at 267-457-5570 to schedule a consultation.