Search Site
Free Consultation 855-234-7619
 
Virginia Injury Blog
 

Merchant’s Liability for Falling Merchandise in North Carolina

Many people think of a storekeeper’s liability for injuries in terms of the classic slip and fall case. A customer strolling the aisles of a grocery store steps on a slippery patch and her feet go out from under her. Down she goes, easily breaking a hip or a wrist or damaging a disc. But there are other dangers for which a retailer may be liable; instead of falling customers, the problem could be falling merchandise.

Thousands of customers are injured each year by merchandise that falls from store shelves. A retailer has a duty to make the store reasonably safe for customers. This duty covers potentially dangerous conditions that employees can create by stacking merchandise precariously on store shelves. However, it can be very difficult to prove the storekeeper is at fault rather than another customer who handled merchandise and left it in a precarious position or the injured customer himself.  

Court cases across the country have provided certain standards of reasonable care for stocked shelves. For example, courts have found that stacking items on shelves about the eye level of the average person can created an “unwarranted risk.” Depending on the circumstances, a retailer may be required to take affirmative actions to increase customer safety, such as:

  • Using devices to stabilize merchandise
  • Regular checks of shelves to restock merchandise safely
  • Providing step boxes or stepladders for customers

An injured customer must show that the retailer was negligent, either by stacking items in a way that created unwarranted risk or in failing to re-stock items in a timely manner after they’d been handled and replaced haphazardly or otherwise shifted their position.

Any claim by an injured shopper is subject to the law of contributory negligence. In North Carolina, if the customer is found to have been negligent by, for example, climbing up a shelf to grab an item that was out of reach, state law completely bars any recovery of compensation.

If you or a loved one has been hurt by falling merchandise, get knowledgeable counsel from an experienced injury attorney. To schedule a free consultation at Lanier Law Group, P.A., call 855-234-7619.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

Convenient consulations at the location of your choice If you can’t come to us, we will come to you. Offering free consultations at your home or office.
Media Center
  • Get to know Lanier Law Group with our series of informative videos. You'll learn about various points of personal injury law, and how we approach our practice to deliver the best results possible.

Recent Cases
  • Workers' Compensation Claim A worker's compensation claim where client was doing framework and the nail gun that he had on his waist shot misfired and fired into his right knee. Client had to have surgery to remove the nail. Employer is claiming there was no employer/employee relationship.
  • Personal Injury Claim A personal injury claim involving a bus driver who battered and assaulted two minors. One minor has a possible mental health issue caused by the attack. The second minor jumped in to help, and driver struck her as well.
  • Car Accident Claim A car accident claim where our client, a police officer, was struck in the rear while on duty, by a drunk driver.
  • Workers' Compensation Claim A worker's compensation claim where client slipped and fell on ice, injuring his left knee and right hip. Client had to have hip replacement surgery and received a 25 percent rating on his knee.
Read More
Testimonials
  • “She was very professional, kept me completely involved and updated with everything. Awesome job done.”

    - T.D.

  • “Maria stayed on top of everything with updates, etc.”

    - J.M.

  • “Very good communication throughout my case. Brenda paid great attention to my case and kept me up to date.”

    - T.P.

  • “Both attorneys involved were very informative and walked me through my case every setp of the way. They answered any questions and concerns I had whenever they cam up. I was very nervous and skeptical at the beginning but that quickly changed.”

    - J.B.

See All Testimonials
Our Firm
Download Our App

Our Social Security Disability Help Center app can provide assistance if you've been involved in an accident. Use the links below to select and download our app for your Apple® or Android device.

Contact Us

Please fill out form below and one of our attorneys will contact you.

  • This field is for validation purposes and should be left unchanged.
Our Office Locations

Use the map below to find the location closest to you

  • -- mi
    Raleigh, NC
    207 W. Millbrook Road, Suite 215
    Raleigh, NC 27609
    • 1.(919) 848-2000 Tel
  • -- mi
    Charlotte, NC
    10130 Mallard Creek Road, Suite 110
    Charlotte, NC 28262
    • 1.(704) 341-5558 Tel
  • -- mi
    Jamestown, NC
    4915 Piedmont Pkwy., Suite 104
    Jamestown, NC 27282
    • 1.(336) 855-8554 Tel
  • -- mi
    Greensboro, NC
    222 S. Swing Road, Suite 6
    Greensboro, NC 27409
    • 1.(336) 855-8554 Tel
  • -- mi
    Winston-Salem, NC
    250 Executive Park Boulevard, Suite 107
    Winston-Salem, NC 27103
    • 1.(336) 760-9996 Tel
  • -- mi
    Durham, NC
    600 S. Duke Street
    Durham, NC 27701
    • 1.(919) 682-2111 Tel
  • -- mi
    Greenville, NC
    108 W. Firetower Road, Suite H
    Greenville, NC 28590
    • 1.(252) 757-7777 Tel
  • -- mi
    Burlington, NC
    2630 Ramada Road
    Burlington, NC 27215
    • 1.(336) 506-1041 Tel
  • -- mi
    Fayetteville, NC
    4200 Morganton Road, Suite 200-15
    Fayetteville, NC 28314
    • 1.(910) 484-3333 Tel
  • -- mi
    Asheville, NC
    603 Biltmore Ave
    Asheville, NC 28803
    • 1.(828) 412-3503 Tel
  • -- mi
    Wilmington, NC
    1213 Culbreth Drive, Suite 120
    Wilmington, NC 28405
    • 1.(910) 256-4445 Tel
View more