North Carolina Falling Object Injury Lawyers

Retailers’ Duty of Reasonable Care in North Carolina

Businesses that serve the public have a duty to discover hidden hazards and correct them. If there is a spill in an aisle, a store must take prompt action to alert customers of the danger and then clean it up. Otherwise, they may face liability for any foreseeable harm that results. If the spill is not addressed within a reasonable time and a customer slips and falls, the store may have to compensate the customer for any injuries.

Now consider the poorly stocked shelf: boxes are piled high, one upon another. The stacks are unstable. When a customer touches one box, the entire pile moves. If a customer touches one pile, another pile moves. These high shelves are above eye level, so most customers cannot get a clear view of the danger in touching one object or the other. Now, has the store created a hazard or is it the customer’s fault when his handling of the merchandise causes it to fall?

There have been many cases litigated across the country giving courts guidance on how to judge certain facts. Some examples include:

• In a case against Walmart, the court held that the way objects were stacked could cause them to fall.
• In a case against Giant Supermarkets, the court held that because cans fell from a shelf without the plaintiff or any other customer touching them, the shelf presented an unreasonable risk.
• In a case against Kmart, the court ruled that there was a serious question of whether a reasonably prudent merchant would have stacked cans on a shelf above eye level without securing them.
• In a case against the A&P, the court ruled that a jury could find that stacking jars on a shelf above eye level presented an unwarranted risk of harm.

Stores often argue that when other customers move merchandise, this creates an intervening cause that absolves the store from liability—but courts routinely reject that argument.

Injury cases involving falling merchandise are very fact-specific and generally rely on the condition of the shelf in question. Our firm has dedicated North Carolina falling object attorneys who know how to investigate and assemble the evidence to make a persuasive case. With a heavyweight like us in your corner, you may greatly improve your chances of winning the compensation you deserve.

Contact Our Firm for Help with Your Premises Liability Case

Lanier Law Group fights to hold retailers accountable when their negligence results in harm to innocent customers. To discuss your retail store accident with an experienced personal injury lawyer at our firm, schedule a free consultation. We offer legal services in both English and Spanish, and there are no fees unless/until we recover compensation for you.