Falling Merchandise Accidents

Although you may not realize it, every time you walk into a “big box” store and enter one of the aisles stacked with merchandise as much as 15-20 feet in the air or more, you have entered a potentially hazardous zone. Why is that? Because statistically, thousands of customers and delivery personnel who enter stores like Costco, Sam’s Club, Home Depot, Wal-Mart, Kmart, and Lowe’s on an annual basis are injured, and in some cases killed, from falling merchandise.

Several years ago, our team at The Law Office of Mark A. Siesel represented a client who suffered complete hearing loss in one ear and a severe concussion when, while answering a call on her cell phone from her husband at a big box store, she was struck by a falling door which had not been properly secured on the shelf above her. Initially, the claims people for the store contacted her, offered a meager settlement, and stated that even if she hired an attorney, that would not result in a better offer. However, after we commenced litigation on her behalf and conducted extensive “discovery” (a demand for internal documents and depositions of numerous store employees) the store changed its position and we were able to secure a substantial settlement on her behalf. During the course of litigation, we realized that in fact, these stores often have a safety program which is provided to employees in DVD (then videotape) form. Many of the requirements of safety as outlined in that video (which the store’s attorneys fought vigorously not to exchange with us) were not followed at the time of our client’s accident.

When you’re injured in a store, it’s not unusual for this to happen. The store will try to avoid any possible liability or will make you a low compensation offer that will cover only a very small fraction of your injury costs. In many cases, “big box” stores are owned by large corporations who have entire legal departments dedicated to minimizing cases like yours.  That’s why we invite you to contact The Law Office of Mark A. Siesel for a free consultation. Our team can explain your options and tell you how you may be able to seek compensation.  

Why Do Falling Merchandise Accidents Happen?

Big box stores are stocked with merchandise from the floor to very high ceilings, and often in a very careless manner. And the merchandise that is on these shelves at substantial heights can cause serious injury or death because of the weight of the merchandise—wooden doors, windows, lumber, appliances, plumbing supplies, lamps and countless other products.

Customers of large merchandise stores are often injured due to the following:

• Unsecured Merchandise. Frequently, the store owners do not have the correct devices to prevent merchandise from falling off of the shelves, such as metal cables, security bars, fencing, safety ties, and extenders on the highest shelves.
• Insufficient Employee Supervision and Training. In our case, the store employees we took sworn depositions of before trial were not properly trained in how to stack merchandise, and would place larger merchandise on top of smaller items or haphazardly stack merchandise without regard to whether it was safe, due to time considerations.
• Stacking of Products Too High. If you go into any big box store, it is not an uncommon occurrence to observe a customer attempting to reach merchandise which has been stacked 10 to 15 feet in the air by grabbing a movable stair, ladder, or climbing up shelves to attempt to reach the product they want. Naturally, this can lead to dislodging or loosening nearby products, which now are a hazard to an unsuspecting customer who walks in the aisle shortly thereafter.
• Improper Warnings. Often, store owners, despite knowledge of the dangers, fail to warn customers when merchandise is being placed on the shelves or removed, do not block off aisles when stocking is taking place, and do not use the proper forklifts and other equipment to safely stock shelves.
• Failure to Inspect. Shelves need to be checked frequently to determine if merchandise has shifted or moved, to avoid the possibility of creating a hazard to customers, delivery people or employees of the store.

What Should You Do If You’re Injured by Falling Merchandise?

Falling merchandise is most likely to happen in warehouse-style stores or “big box” stores because these retailers have a lot of inventory, and often store it floor to ceiling to save space. However, injuries caused by falling merchandise can happen at any store or business. Any store, office, or public space that stores inventory on a high shelf—especially when that inventory is heavy—creates a risk for visitors.

If you’re injured, you should first get someone at the store to call 911 if you’re seriously injured. Take note of that person’s name. If you are injured, but don’t need emergency services, you should contact the manager or owner and report the incident. Don’t be surprised, however, if the employees seem unsure what to do and if the manager suddenly can’t be found. Stores want to prevent any lawsuits, and some will try to pretend that nothing has happened so they can try to pretend afterwards that you weren’t injured in their store or that they knew nothing.

For this reason, try to get contact information for any witnesses and take photos and videos of the scene and your injuries, if you can, with your phone. Also, contact a premises liability attorney as quickly as possible—certainly before you give a statement or sign anything. This is another tactic that retailers may use; they may try to get you to sign a document that holds them innocent of any injuries. If you do get to speak to a manager or owner, just tell them about the incident and stick to the facts. Ask for a copy of the incident report. Avoid getting into a conversation about what happened and refuse to sign anything. It’s very valid to politely say “I’m too injured and shaken up to sign anything right now. May I take a copy of this to review and sign? I can bring it back to you.”

As soon as you possibly can, contact a premises liability attorney. An experienced lawyer is familiar with all the strategies stores and their insurers use to try to limit how much compensation you receive. Your lawyer will go to work right away, ensuring that any security tapes at the store don’t go missing and negotiating with companies and the insurance companies. An attorney will work hard to get you justice and the compensation you need for your injury bills.

Why Work with The Law Office of Mark A. Siesel?

If you or a loved one is injured due to being struck by falling merchandise at a big box store, it is essential that your retain lawyers who have the requisite experience, determination, dedication, and background to fight the stores, their insurance companies, and defense counsel to protect your legal rights. At The Law Office of Mark A. Siesel, with offices conveniently located in White Plains and Peekskill, we will demand that these companies compensate you for pain and suffering, medical and hospital expenses, past and future, lost earnings and earning potential, and loss of the ability to enjoy life, and fight to secure that compensation from the inception of the case through resolution by way of settlement, mediation, arbitration or trial.

At the same time, it’s not just about compensation. We always work to address your goals. We have worked with clients who were primarily looking for justice and clients who had promising careers cut short and were most interested in making sure they could provide for their family in the future.

At The Law Office of Mark A. Siesel, our team provides compassionate and personalized attention to your case. Our founder, Mark A. Siesel, will be involved in your case every step of the way and we’ll reply to your every phone call and email within 24 business hours. We never keep you waiting and we never keep you in the dark, because we believe you deserve to be treated well during what can be a very difficult time.

Call us at (914) 428-7386 or contact us online for your free consultation today to discuss your case in detail with an experienced litigator.