The laws of physics and the force of gravity can cause considerable damage. Falling objects at warehouse, mass merchandise and home improvement stores can result in catastrophic injury or death. Victims of falling merchandise may be entitled to compensation for their injuries, including medical bills, lost earnings and pain and suffering.
Falling Merchandise at Stores is not as Uncommon as You Might Think
Wal-Mart alone receives several thousand claims from customers and employees injured from falling merchandise every year. Retail stores know the risks that falling merchandise presents to customers, yet thousands of injuries and a number of fatalities still result every year. Untrained employees account for some falling object injuries and fatalities. A general rule at most businesses is to never lift or move a load or object over someone’s head. During a transfer, workers should barricade aisles or areas to keep customers and bystanders safe. Employees are usually taught to work with a nearby “spotter” when moving or transferring loads. Unfortunately, this doesn’t always happen. When a customer is injured by falling merchandise at a home improvement store or department store, the owner of the store can very often be held liable if the accident could have been prevented.
The types of injuries people sustain will vary, but head injuries and spinal cord injuries are common, along with shoulder, neck, back and arm injuries. The severity of injuries depend on the weight of the object falling and the height from which it falls. Anything from a wrench or a hammer to barrels and hot water heaters can fall off high shelves can cause catastrophic injury or death. In the year 2000 alone, three people reportedly died at Home Depot stores from falling merchandise. Serious injuries result when employees move heavy loads with unwary customers shop nearby in the same aisle. The Occupational Safety and Health Administration (OSHA) only investigates an accident if an employee is injured.
Injured Shopper Litigation: Lawsuits and Settlements
In July 2009, a jury in Cobb County, Georgia awarded a Home Depot shopper and his wife $1.5 million in damages for a Home Depot accident after he suffered serious neck and spinal injuries in November 2005 when a pallet of plywood fell 24 feet off of a forklift. In 1999, a jury awarded a 26-year-old Nevada man $4 million when a wall of merchandise collapsed on him and caused him to hit his head on the floor.
What to Do if You Have Been Injured by Falling Merchandise
If you have been hurt by a falling object at Costco, Sam’s Club, Wal-Mart, K-Mart, Lowe’s Home Depot, or any other retail store, warehouse store, or department store in California, contact a lawyer at Estey & Bomberger, LLP at (800)925-0723. We are available to review the facts of your situation in detail and share our experience and knowledge handling falling object premises liability injury claims. You may be entitled to compensation for your injuries or a family member’s death.
Additional Resources:
Brain Injuries From Falling Objects
