Can I Sue for Injuries Caused by Falling Merchandise?

In New Jersey retail environments, the hazard of falling merchandise presents a substantial risk, where heavy objects have the potential to cause devastating injuries. Retail establishments have a duty to mitigate these risks. Please continue reading as we explore the potential liability associated with such incidents and how a seasoned Morris County Supermarket Liability Attorney can assist in pursuing legal recourse.

Who is Liable for Injuries Caused by Falling Merchandise?

If you have been hurt by falling merchandise in a New Jersey store, you may be wondering who can face liability for the damages you have incurred. Liability could fall not just on the store itself, but also on others involved in managing the goods on the shelves. Although stores are responsible for customer safety, customers also must be aware of their surroundings and avoid potential hazards. However, this doesn’t necessarily absolve the store of liability if they were negligent.

In New Jersey, store owners have a legal duty to maintain their premises in a reasonably safe condition for visitors, including preventing hazards like falling merchandise. For a successful claim, the injured party must demonstrate that the store was negligent, that their negligence caused the injury, and that they suffered actual damages as a direct result. This requires gathering substantial evidence such as medical records, witness statements, accident reports, and photographs. Common reasons for these accidents include:

• Stacking heavy items on high shelves
• Improperly stacked shelves
• Failing to inspect and address damaged shelves or displays
• Defective construction of shelves
• Inadequate training or oversight of employees

What Should I Do if Merchandise Falls on Me at a Store in New Jersey?

When you suffer injuries due to falling merchandise, your primary concern should be your health. As such, you should seek immediate medical attention. Prompt medical care is not only crucial for your well-being and the potential for maximum recovery, but also establishes a record. These medical records will help you demonstrate a link between the in-store accident and your injuries, providing clear evidence of the harm you suffered.

Even if you feel slightly embarrassed about the situation, reporting the incident to the store manager is vital. An incident report preserves critical details like the date, time, location, and the specifics of the accident, helping to determine what happened. You should request a copy of the incident report and note the name of the manager you speak with. Gathering eyewitness accounts is also important, as they may be able to corroborate your version of the events down the road. If you are physically capable, you should take photos of the fallen merchandise, the conditions that led to the fall, and any resulting injuries you sustain.

After addressing your medical needs, it’s in your best interest to seek legal counsel. At Lutz Injury Law, we are prepared to help you navigate this challenging time and advocate for your rights. Connect with our firm today to learn how we can help you fight for the justice you deserve.