Falling merchandise accidents generally occur when store items, products, boxes or other merchandise fall from shelves in stores and cause injuries. All merchants, whether they are large chain stores or smaller old-fashioned places, are required to keep passageways clear. Shelves, store aisles and other places where customers should be able to pass must be accessible.
Store owners and managers are required to keep shopping conditions safe and make every attempt to prevent injuries to their customers. Even with this requirement, accidents still can occur and stores can be unsafe environments. Falling merchandise can cause a variety of injuries, depending on the weight of the materials and where they land.
As a consumer, you expect store owners and managers have taken precautions to make your shopping experience safe. However, if you are injured while at a business in Central Florida because of negligence, you should contact a Melbourne falling merchandise lawyer at The Law Offices of James B. Coulter.
James Coulter of The Law Offices of James B. Coulter will work diligently to help you receive full and fair compensation for the injuries you received as a result of falling merchandise. The legal team can negotiate with insurance companies or be at your side during litigation if you choose to file suit. The Law Offices of James B. Coulter will make it a priority to work with clients for the best possible outcome in the case.
The Law Offices of James B. Coulter represents clients in Brevard County, Orange County, Seminole County, Indian River County and Osceola County. This includes Palm Bay, Melbourne, Cocoa Beach, Titusville, Rockledge, Indian Harbour Beach and other surrounding areas. Call (321) 586-9944 to schedule a free case consultation.
All merchants have a duty to have a safe store for customers. When shoppers enter a store they should not have to deal with unsafe or hazardous conditions. Store owners, managers and employees should make sure the shelves are steady and capable of holding merchandise before placing it.
If merchandise appears it may fall, someone at the company should assess the situation and find a solution to the potential problem. If the merchandise would fall it could cause injuries, including:
If you have been hurt in a falling merchandise accident, you should contact an experienced personal injury attorney after you have received medical care for your injuries. Like every other state, Florida has a statute on the books limiting the time you can file a lawsuit against a negligent party. It is important you act fast after an accident to assure you get the compensation you deserve.
In Florida, the statute of limitations to file a civil lawsuit against a party for negligence is four years, according to Florida Statutes Annotated § 95.11. This means after four years from the date of the incident you no longer would be eligible to hold the store or its owners responsible for your injuries. If you do not file your case within this time, the court likely will not hear it.
In order to recover damages under the negligence law, your attorney must prove the other party was negligent, which led to your injuries. For example, the attorney would need to prove the store employees were aware of a faulty shelf, but continued to stock merchandise on it. If the merchandise fell and injured you, the store could be at fault.
However, in some cases the other party may say you are at fault for your injuries, at least partially. They could argue some of the actions you took while in the store led to your injuries, such as climbing to reach something that eventually fell. Florida follows a "pure comparative negligence rule" in these cases, meaning the amount of compensation you receive could be reduced based on your fault for the accident.
If you have been injured by falling merchandise while shopping in Central Florida, contact a Melbourne personal injury attorney at The Law Offices of James B. Coulter. The Law Offices of James B. Coulter will work to get the best possible settlement in your case. Call (321) 586-9944 to schedule a free case evaluation.