Falling merchandise is prevalent in big box stores and results in extreme losses for victims. When employees of these establishments are negligent in securing or misplace items, it leads to serious injury. While big box companies like Home Depot should put safety as a top priority, they often take shortcuts and deal with the consequences later. You need adequate legal representation to ensure that Home Depot does not get away with its negligence and pays you for your losses. They will use different tactics to get out of paying a valid claim, and you need to have a Philadelphia premises liability lawyer on your side to circumvent that.
Why does merchandise fall?
Merchandise falls when there is an issue with the shelf or storage of the items. When materials are improperly stocked, there is uneven weight distribution which can cause them to topple unexpectedly. Other times, there is a shelf defect. If the injury is due to a shelf defect, Home Depot will be the primary party responsible, but so will the shelf manufacturer. The company that installed the shelf can also bear responsibility for any injuries. When there is multiple parties’ negligence, it can complicate the legal matter but can also result in a higher settlement.
Determining the cause of the fall is vital to your case, and we must name all responsible parties. Home Depot will complete an incident report detailing what they believe was the cause. It is essential to have a Home Depot injury lawyer in Philadelphia issue preservation of evidence letters to ensure the shelf is left untouched until an inspection is complete and we can access the surveillance footage before deletion. All these factors will help determine who was negligent and who should pay for your injuries.
The property owner is liable
When merchandise falls from a shelf and hits a customer, the property owner, Home Depot, is liable for any injuries customers suffer. Through an investigation, we will find that Home Depot had direct knowledge of the hazard and did not remedy the situation and prevent an injury. You will need a Philadelphia premises liability attorney to prove that the negligent actions of the store led to your injuries.
You will need a lawyer to ensure there is sufficient evidence to pursue a lawsuit. We will need viable proof that there was negligence and an injury. Without evidence proving negligence, you cannot proceed with a case and get the compensation you deserve for your injuries. Sadly, your word is not enough to obtain payment.
The Home Depot has a warehouse-style design and often very high shelves with plywood and other items. If one of these items falls, it causes catastrophic injury to victims and even death. When merchandise falls from a shelf, it is challenging to prove negligence and cause. Still, one of the primary ways to demonstrate these accidents is through video footage and corresponding hospital bills.
Common injuries from falling merchandise
Since heavy items are falling from the shelf, customers’ injuries are catastrophic. Head and brain injuries are prevalent. You can also suffer rotator cuff injury or spinal cord damage. Since the items are heavy, many victims do not survive the accident. If you lose a loved one in a falling merchandise accident, you have the right to file a wrongful death lawsuit. Other injuries from falling merchandise include:
- Soft tissue damage
- Traumatic brain injury
Falling merchandise incidents result in lost income, medical expenses, and burial costs. The medical treatment to heal is extensive and will take years. You can also suffer a permanent impairment from these injuries, leaving you unable to work. You must seek substantial compensation for these cases since the rest of your life is altered.
Kwartler Manus LLC can help
When a company employs a person, that employee becomes the face of the company. If they are negligent in their actions, Home Depot is liable. The company cannot get out of a lawsuit by citing the employee as the at-fault party. They are accountable for the employee’s actions when they are within the scope of employment. Home Depot must provide adequate training to prevent negligent accidents.
Victims will suffer physical and financial repercussions, and recovery is vital to moving forward from the incident. There are strict statutes of limitation, and you must immediately contact Kwartler Manus, LLC, at (267) 457-5570 to begin an investigation and file within the four-year limit for personal injury and a two-year limit for wrongful death.