Premises liability laws in New York apply to many of the injuries people sustain in stores, restaurants, and other retail locations. Store owners and other parties owe a duty of care to customers, clients, and other people visiting the store to provide safe premises. When the owner breaches the duty of care, the injured victim may be entitled to compensation for injuries.
The award–winning lawyers of Rosenbaum & Rosenbaum, P.C. have extensive experience handling premises liability claims, such as those related to slip and fall accidents, falling merchandise, negligent security, broken sidewalks, and more. With over 40 years of experience, our legal team has learned what is necessary to win personal injury cases. We’ve secured awards of over $1 million in numerous cases.
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How Can Our New York City Premises Liability Lawyers Help You With a Falling Merchandise Claim?
An accident while at the store can cause traumatic injuries resulting in severe pain and substantial monetary losses. The store owner or another party may be liable for your damages. However, you must file a personal injury claim and have evidence proving the elements of a premises liability claim. Don’t worry – our legal team at Rosenbaum & Rosenbaum, P.C. can handle that for you.
When you hire our New York City personal injury lawyers, you can expect us to:
- Handle all aspects of your case from beginning to end
- File insurance claims and monitor those claims for progress
- Investigate the matter to determine how you were injured and who is to blame
- Gather evidence and document damages
- Monitor the New York statute of limitations for filing deadlines
- Negotiate for full compensation of all damages
- Argue your case in court if the insurance company or other parties refuse to agree to reasonable settlement terms
Do not delay in seeking legal advice regarding a falling merchandise accident in NYC. Your time to file a claim is limited. Failing to file a claim before the deadlines means you cannot pursue a claim through the courts.
What Causes Falling Merchandise Accidents?
The most common cause of falling merchandise accidents is stacking merchandise incorrectly. Many stores place inventory on high shelves above the displays of current merchandise. If an employee does not stack the items properly, items can fall and cause serious injury to employees and customers.
Other causes of falling merchandise accidents include:
- Unsecured merchandise
- Stacking products too high on shelves
- Inadequate employee training and supervision
- Failing to place warning signs that indicate merchandise is stored on shelves above the aisles
- Failing to inspect shelves regularly and make repairs immediately
Falling merchandise accidents are easy to prevent. Ensuring that employees are trained to store and stack merchandise correctly can avoid an accident. In addition, blocking aisles and placing warning signs up when an employee is stocking keeps customers from entering the aisle.
Common Injuries Caused by Falling Merchandise
When merchandise falls and strikes a person, the person could sustain injuries such as:
- Broken bones and fractures
- Crushing injuries
- Back injuries
- Spinal cord injuries
- Neck injuries
- Traumatic brain injuries
- And more
Some merchandise stacked on top shelves is placed there with forklifts. The merchandise is heavy. If it strikes someone, the person could sustain catastrophic injuries and permanent disabilities. Falling merchandise could also result in wrongful death.
What Damages Can I Recover for a Falling Merchandise Injury Claim in NYC?
If you are struck by falling merchandise, you might be entitled to compensation for damages.
The types of damages you could receive for an injury claim include:
- Cost of medical treatment and care
- Loss of income, retirement contributions, and benefits
- Cost of ongoing personal care and long-term nursing care
- Future loss of income and benefits
- Permanent disabilities and impairments
- Scarring and disfigurement
- Pain and suffering damages
The best way to know whether you have a claim for injuries caused by falling merchandise is to talk to our NYC premises liability attorneys. We review your case free of charge and discuss your legal options for recovering compensation for damages.
Who is Responsible for Injuries Caused by Falling Merchandise in New York?
Generally, the property owner is liable for injuries that occur on the property. However, if a company leases the space, that company may be liable for your damages. In addition, employers, store managers, and others may be named in a lawsuit seeking damages.
Before you can recover money for a falling merchandise injury claim, you must prove that the owner or other party is liable for your damages.
The legal elements of a premises liability claim are:
- The party owed you a duty of care (Generally, shop owners owe a duty of care to customers to provide safe premises)
- You were lawfully on the property
- A hazardous condition existed on the property
- The owner knew or should have known about the dangerous condition and did nothing to remedy the situation or warn customers of potential danger
- The dangerous condition caused you injury
- You sustained damages because of the accident
Proving liability for a falling merchandise accident could be tricky. The owner likely took steps to prevent another accident, so evidence may have disappeared. However, our legal team is skilled at digging deep into an investigation to uncover evidence of fault.
Get Help With a Falling Merchandise Claim, Contact a Premises Liability Law Firm in NYC
If falling merchandise caused your injury, do not hesitate to call our office for legal advice. We’re ready to stand up for you to help you get the money you deserve.
Contact Rosenbaum & Rosenbaum, P.C now to schedule your free consultation with an experienced premises liability lawyer in New York City.