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Falling Merchandise

In this age of big box and warehouse-type stores, injuries from falling merchandise are far too common.  Stores like Walmart, Costco, Lowe’s, Home Depot and others stack merchandise high on metal racks.  If not properly stocked in the first place, and if conditions are not monitored, merchandise can tumble from the shelves onto unsuspecting customers and cause serious injuries.  As in all premises liability cases, photographs or surveillance videos of the conditions existing at the time of the injury are very important evidence.  Prompt reporting to store management of any injury is also important.

Sometimes, persons struck by falling merchandise are inclined to think it was “just an accident.”  Unless the customer literally pulls something down on himself, there is no excuse for items falling from shelves.  Store operators should be knowledgeable and sophisticated enough so that their practices prevent merchandise from ever falling on a customer.  Items should not be stacked in precarious positions that allow them to fall with little customer activity.

Persons who get hit in the head, neck or shoulders by falling items also may not be immediately aware that they are significantly injured.  They may “shake it off” or be too embarrassed to admit that they are hurt.  Head injuries can become apparent as they linger over time.  Necks can feel fine at first, only to stiffen up over the next day or two, possibly indicating serious damage.  Shoulder injuries, especially rotator cuff tears, may also not be immediately obvious.  Even if injuries manifest themselves only after leaving the store, or hours or even days later, they should be reported to store management as soon as possible.

At Cederberg Law Firm P.C., a Boulder premises liability and personal injury attorney will candidly discuss with you whether our ability to increase the value of your case justifies hiring us and whether a contingent (percentage) or hourly fee would be to your advantage.

Contact our office or call 303-499-0449 for a free initial consultation to discuss your rights following a serious falling merchandise or other premises liability accident.

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James A. Cederberg

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