Whether it is Target, Wal-Mart, JCPenny's or another store, merchandise is being improperly stocked resulting in some serious injuries to customers. This is especially true during the Christmas season shopping when shelves are stocked to their maximum. One report showed 17,000 falling resulting in injuries to customers occurred in Wal Mart stores over a 5 year period.
One perfect example of the dangers of poor stocking involves a client of mine. As she bent over to read Christmas cards, merchandise from the top shelf of the adjacent aisle came tumbling down because someone on the other aisle was trying to reach other merchandise. As a result, my client suffers from herniated disc in her neck.
The law recognizes that merchants have a duty to invitees to exercise reasonable care to keep their premises in a reasonably safe condition and to warn of unsafe or hazardous conditions of which the merchant knows or should know through reasonable care and inspection. It is well established that merchants owe a duty to their customers to keep their businesses, aisles, passages, and other public places in a reasonably safe condition and to use ordinary care to prevent injuries to customers. Merchants must take reasonable precautions to protect their customers from foreseeable dangers.
Courts recognize that merchants must place merchandise on shelves safely so it will not fall. The merchant must take affirmative steps to prevent it from falling, including checking the shelves periodically to ensure that merchandise is in a safe position and using devices to stabilize it. Failure to do so could result in liability is someone is injured.
The law also recognizes that stacking merchandise on high shelves creates an unwarranted risk, and it is reasonably foreseeable that doing this contributes to the risk of merchandise falling. Several courts have held that stacking boxed merchandise on a shelf above customers' heads creates an unreasonable danger.
Throughout the decades, we have represented many clients who have sustained injuries from falling merchandise. We know that insurance companies often try to blame the client rather than take responsibility. We work hard to get your medical bills, lost income paid and compensation for other damages.
If someone you care about has been injured while shopping for Christmas gifts, click here for a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have lawyers working for them, so should you!