Falling Merchandise Injury Claims
Falling merchandise is not a matter to be taken lightly. Shoppers have experienced serious injuries from falling merchandise. In some cases people have experienced brain injuries, spinal cord trauma, concussions, paralysis and even death.
Sometimes shoppers are hit by falling merchandise because of several reasons:
- Merchandise is not stacked properly.
- Items are not secured onto shelves.
- Shelves cannot withstand the weight of the merchandise.
- The store has not taken any efforts to warn customers about an area that is susceptible to falling merchandise.
If you wish to file a personal injury claim, you will need to establish certain grounds for your claim such as duty of care, breach, and cite the exact cause of your injuries and damages.
You must cite that the property owner owed you a duty of care. Property owners are responsible for maintaining their premises to uphold certain standards. Three types of visitors exist is premises cases. The titles include invitees, licensees, and trespassers. Invitees are people that are invited on to property for commercial purposes. Naturally, invitees are owed the highest duty of care. Property owners are responsible for keeping their property in a condition that is safe to be used by the general public.
A liability claim must demonstrate that the property owner breached their duty of care. For example, if the property owner used shelving that did not support the weight of the products, they failed to meet their duty of care.
If the accident occurred because of an employee’s actions, the employer can be held responsible. For example, if an employee stacked the goods inappropriately, the employer is still held liable.
You may be entitled to financial compensation for your pain and suffering. You can seek coverage for lost wages, medical bills, and loss of earning capacity. Your claim needs to be filed within the statute of limitations.
If your loved one died as a result of falling merchandise, you should consider filing a wrongful death claim. You may be entitled to burial costs, lost wages, damages and loss of companionship. Falling merchandise should not be taken lightly. If you are a victim of falling merchandise, file a claim to receive fair compensation.
Contact Our Slip and Fall Accident Lawyers in South Florida
If you or a loved one has been injured or killed due to a slip and fall or trip and fall due to fallen merchandise and would like to learn more about your legal rights, please contact Zimmerman & Frachtman here or call (954) 509-1900. We offer free consultations and charge you only if we win your case.