Who Is Responsible for Injuries Caused by Falling Store Displays?
Collapsing store displays can cause nerve injuries, contusions, and broken bones. This does not include the emotional damages that may be inflicted on an injured party. Just one poorly stacked display can lead to several weeks of physical therapy, lost income, and permanent disability. At HGSK Injury Lawyers, our Pennsylvania personal injury lawyers have seen firsthand the consequences of falling store merchandise. If you or a family member has been injured by a retail store display, the accountable party should pay for their wrongdoing.
Causes of Retail Store Display Collapses
A retail store display may collapse for any of the following reasons:
- Overstocked shelves
- Improperly secured items
- Overcrowded displays that exceed weight restrictions
- Lack of warning signs or inadequate lighting concealing hazards
- Defective display materials or poor design
- Weak joints cause unstable shelves
Liability in Retail Store Display Accidents
Store Owner or Manager
Store owners and management have a legal duty to keep the premises safe for customers and anyone legally permitted to be on the property. Store owners and managers alike should exercise reasonable care in arranging displays and addressing safety concerns.
Product Designer or Manufacturer
If the display used defective materials or was poorly designed, you may be able to bring a claim against the product designer or manufacturer. Unlike other personal injury claims, you do not necessarily need to prove that the product designer or manufacturer was negligent. Rather, you must show that the material was defective and that the defect caused your injuries.
Successful Personal Injury Claims Against Retail Stores
A successful injury claim against a retail store will depend on showing the following:
- That an owner-customer relationship existed. (You were legally allowed to be on the premises as a customer).
- The store owner, manager, or employee was aware of or should have been aware of the overcrowded shelf or broken display, but failed to take measures to fix it. This may be documented in a worker reporting the damaged display to the store manager.
- As a result of oversight or ignoring the issue, you suffered harm.
- The collapsing display resulted in you suffering damages or losses. This may entail economic damages (lost wages, medical bills, and/or property damage), or non-economic damages (pain and suffering, emotional distress, and/or physical disability). Although noneconomic damages do not have a financial component, they do impact your quality of life, making them no less important.
The HGSK Injury Lawyers Difference
The injury claims process following a collapsing display can take several weeks, months, or even up to a year. During this time, evidence will need to be gathered to establish liability. This evidence may include statements from anyone who witnessed the incident, incident reports from past occurrences, surveillance cameras, and photos of the display itself.
Gathering strong evidence is key to a successful claim, which is why we rely on accident reconstructionists who can help recreate the event and damages expert witnesses to qualify your medical bills and lost wages. You will want to ensure the preservation of this information, which requires legal guidance. Based on your circumstances, you may submit a claim through the store’s general liability insurance or another third-party insurer. At HGSK Injury Lawyers, we will handle the process and keep you informed every step of the way.
Victim to Falling Merchandise? Speak with Our Pennsylvania Personal Injury Attorneys
Falling merchandise can lead to significant injuries, destroying your future plans. At HGSK Injury Lawyers, we believe that your number one priority following a retail store injury should be your health. Nobody should bear the financial and emotional burden that comes from injuries due to a retailer’s or other entity’s negligence. To arrange a free consultation with one of our Pennsylvania personal injury lawyers, contact us online or by phone at (267) 551-8782 today.