Walking through a store should not put you at risk of being struck by merchandise falling from a shelf. When a product, box, display, or other object falls and causes an injury, the circumstances may raise premises liability questions.
Store owners and operators have a responsibility to maintain reasonably safe premises for customers. That includes addressing dangerous conditions they know about or reasonably should have discovered.
A falling-object injury can happen quickly, but proving what caused it may require a closer look at how the merchandise was stored and maintained.
How Do Falling Merchandise Accidents Happen?
Store displays can become dangerous for several reasons.
For example, merchandise may fall because:
- Shelves are overloaded
- Heavy items are stored too high
- Products are stacked improperly
- Shelving is damaged
- Merchandise is unstable
- Displays are poorly designed
- Employees place products incorrectly
- Store employees fail to correct a known hazard
A falling item can weigh considerably more than it appears, particularly when it is stored on a high shelf.
What Injuries Can a Falling Object Cause?
The severity of an injury depends on the size, weight, and height of the object, as well as where it strikes the person.
Potential injuries include:
- Head injuries
- Traumatic brain injuries
- Concussions
- Neck injuries
- Back injuries
- Broken bones
- Shoulder injuries
- Internal injuries
- Cuts and lacerations
A heavy object striking someone’s head can cause particularly serious injuries.
Some injuries may not be immediately obvious. Symptoms can develop or worsen after the incident, which is one reason medical evaluation is important.
Who May Be Responsible?
Responsibility depends on the facts.
A store owner or operator may potentially be responsible if negligent maintenance, storage, inspection, or other conduct created an unsafe condition.
An employee’s actions may also become relevant.
In some cases, another company may have been responsible for stocking or maintaining a particular display. The manufacturer or supplier of a defective shelving system or product could also potentially become involved depending on the circumstances.
Determining responsibility requires investigating how the condition developed and who had control over it.
How Do You Prove What Happened?
Evidence from the store can be extremely important.
Potential evidence includes:
- Store surveillance footage
- Photographs of the shelf or display
- Photographs of the fallen merchandise
- Incident reports
- Employee statements
- Witness statements
- Inspection records
- Maintenance records
- Store policies
- Product or shelving information
Try to photograph the area before it is cleaned up or rearranged, if it is safe to do so.
Surveillance footage can also be particularly valuable because it may show how the merchandise fell and what happened immediately beforehand.
Report the Incident to the Store
After being injured, notify a store employee or manager.
Ask that an incident report be completed and obtain information about the report if possible.
Avoid making statements about who was at fault before the circumstances are investigated. An injury victim may not know why the merchandise fell, and speculation can create unnecessary problems later.
Get Medical Attention
Even if the injury initially appears minor, medical attention can help identify injuries and create documentation connecting the condition to the incident.
Follow your doctor’s recommendations and keep records of medical treatment, prescriptions, bills, and time missed from work.
If the injury becomes more serious over time, those records may become important when evaluating the full consequences of the incident.
Alabama Premises Liability Claims Can Be Fact-Specific
A store injury does not automatically establish legal liability. The specific circumstances surrounding the dangerous condition must be examined.
Questions may include whether the store knew about the hazard, whether employees created the condition, whether reasonable inspection procedures were followed, and whether the condition should have been discovered and corrected.
The evidence can make a significant difference.
Talk to a Birmingham Premises Liability Attorney
Being struck by falling merchandise can cause serious injuries and unexpected expenses.
If you were injured by a falling object in a Birmingham store or elsewhere in Alabama, Shaun Capps Injury Law can investigate the circumstances, identify potentially responsible parties, and explain your legal options.