Brooklyn Falling Merchandise Lawyer

Brooklyn residents rarely think twice about running into a corner store for a gallon of milk, doing a week’s grocery shopping at a supermarket, or spending a few hours browsing the aisles of a hardware superstore. Fortunately, most shopping trips end only in damage to a bank account or credit card, but it only takes a single instance of store-owner or manager negligence to result in a serious injury.

One of the most common causes of injuries in Brooklyn stores is falling merchandise. While nothing can erase an injury, a Brooklyn premises liability lawyer can help you recover the compensation you deserve for your financial losses, pain, and trauma.

Call our firm at (212)-564-2800 today.

What Causes Falling Merchandise in Brooklyn Stores?

Unfortunately, sometimes store owners or managers cut corners, postpone repairs, or fail to perform routine inspections and maintenance. The most common causes of falling merchandise in Brooklyn stores include the following:

Overstacking items, or stacking too high
Poorly secured shelves
Overloaded shelves
Crowded shelves
Operating vibrating machinery near shelves
Rushed or negligent restocking
Poor employee training in stocking techniques
Missing safety nets or restraints on highly-placed heavy objects
Improperly secured mirrors in dressing rooms, restrooms, or on store floors
Lack of adequate signage, such as those requiring store employee assistance to reach high items

Stores have liability insurance in case of serious accidents or injuries, but this does not erase the storeowner’s or manager’s legal obligation to take all reasonable measures to prevent you and others from suffering injuries on their property.

What Types of Injuries Happen From Falling Merchandise?

Brooklyn stores often have limited space due to the high cost of commercial property. This sometimes means that store owners save floor space by stacking merchandise high overhead. When merchandise or a shelf falls on a customer, they may suffer injuries such as:

External head, facial, and dental injuries
Traumatic brain injuries (TBIs)
Skull fractures
Neck injuries
Back injuries
Lacerations, contusions, and abrasions
Fractures
Crush injuries
Spinal cord injuries

When injuries are serious enough to require medical care and time away from work, these become the damages in an injury claim. In the worst cases, a falling merchandise injury can cause mobility problems, brain injury impairment, or permanent disability.

Liability In Brooklyn Falling Merchandise Claims

All New York property owners have a duty of reasonable care to anyone lawfully entering their property, but Brooklyn store owners and managers have an enhanced duty of care to those they invite onto their property as customers, or their “invitees.” This negligence leaves the at-fault party liable for damages when they fail to properly maintain store premises. The evidence must support the following legal standards of liability:

The store owner and/or manager had a legal duty of care to the injury victim who was legally on the property as an invitee, and not trespassing or committing a crime
They breached this duty of care through negligence
The breach of duty directly caused the injury
The injury victim sustained damages from the injury

Damages add up quickly when falling merchandise causes a significant or even catastrophic personal injury to a customer.

Recoverable Damages In a Brooklyn Falling Merchandise Case

After a serious injury from falling merchandise, you or your loved one could be facing significant damages. A successful claim doesn’t erase the injury, but you could recover compensation for the following:

Past and future medical expenses and out-of-pocket costs
Total lost earnings, including future income loss or reduced earning ability
Compensation for pain and suffering
Catastrophic injury damages for permanent loss, such as disability, loss of one of the senses, limb loss, or diminished quality of life

In rare cases, falling merchandise can cause wrongful death. The decedent’s personal representative may file a wrongful death claim on behalf of the grieving family.

How Does Hiring a Brooklyn Falling Merchandise Lawyer Help My Case?

A store premises liability claim inevitably becomes a battle with an insurance company for fair compensation.

Call The Law Offices of Jay S. Knispel at (212)-564-2800 for assertive legal representation from an attorney with years of experience and a reputation for exceptional results.