North Carolina Falling Object Injury Lawyers
Holding Retail Stores Accountable for Negligence That Injures Customers
premises liability laws, retailers have a duty to ensure their stores are reasonably safe for
the public. However, many outlets cram so much merchandise on the shelves
that they create hazards for their customers. If you’ve been injured
by falling merchandise in a retail store or supermarket, you may be eligible
Since 1997, Lanier Law Group, P.A. has fought aggressively for injured
clients throughout North Carolina. From our offices in
Charlotte, we investigate retail accidents throughout the state. If someone's negligence
created unnecessary danger, we strive to hold businesses accountable.
Speak to a North Carolina falling object injury lawyer at our firm about
your case during a free consultation: (855) 757-4204.
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.
Call us at (855) 757-4204 or
contact us online to get started today.