Storeowners have an obligation to stack merchandise in a safe manner. Unfortunately, a number of people in Michigan and the United States are injured each year due to improperly stacked items falling off shelves at big box stores. If you or someone you know has been injured in an accident, such as an accident caused by falling merchandise, you may be entitled to compensation for your harm. At Davis Law Center, our seasoned Michigan personal injury attorneys can zealously advocate for your rights at every step of the way.
Falling merchandise accidents take place when a customer is injured because merchandise falls on top of him or her. This typically happens in commercial places, such as warehouses and big box stores, where goods are vertically stacked. Common causes of falling items include:
- Stacking too high;
- Poor stacking;
- Defective racks;
- Failing to warn customers of danger zones;
- Faulty shrink wrapping;
- Shoppers inadvertently dislodging improperly stacked items when reaching for other items;
- Improperly secured goods; or
- Inadequate employee training.
If you have been hurt in a falling merchandise accident, you may be able to seek compensation through a premises liability claim. Premises liability is a legal concept that may come into play when an individual’s injury is caused by an unsafe condition or hazard on someone’s property. Commercial property owners have a legal obligation to keep their premises in reasonably safe condition in order not to injure those who enter the property.
Under Michigan law, the duty of care that a property owner owes depends on the status of the visitor. An “invitee” is someone who enters the property for a business purpose, such as a customer. Invitees are owed the highest duty of care under the law. The property owner must maintain the premises in a reasonably safe condition and take ordinary measures to protect invitees from known hazards. The property owner must also warn invitees of any hazards of which he or she is aware, unless those hazards are open and obvious to the public eye.
Falling merchandise can lead to serious and long-term injuries, which can be extremely costly to treat. As a result, Michigan law allows victims of these types of accidents to recover damages such as medical expenses, lost income, pain and suffering, rehabilitation costs, property damage, and disability. Of course, the exact amount of compensation an injured victim will be able to recover will depend on the severity of the injuries suffered. If you’ve lost a loved one in a falling merchandise accident, you may be entitled to wrongful death damages.
If you or a loved one has been hurt at a store due to an accident, such as falling merchandise, you should seek the help and guidance of a skilled Michigan premises liability attorney as soon as possible. At Davis Law Center, we strongly believe in holding negligent parties accountable for the harm that they cause. You can rest assured that we can zealously advocate for your rights both in the context of a settlement as well as at trial. Do not hesitate to call us at 248-865-7740 or contact us online.