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Shapiro, Appleton & Duffan, P.C.

I was in a Lowes hardware store walking down an aisle when a clerk was trying to get something down and it fell and smashed my foot causing me to have a fractured bone. What is necessary to be proven in a falling merchandise case?

This falls under a classification of what we call a business premises case and in that type case we must show that the business either knew or should have known of the dangerous condition or if it is obvious that an employee of the business created the dangerous condition, that will be sufficient to show negligence in normal circumstances.  In this type of case we can also demand information on prior injury claims not only at the store where your accident happened but from other similar stores to show that there is an awareness on the business of this danger but they still stack boxes high above areas where patrons walk.  
Richard N. Shapiro
Virginia Beach Personal Injury Lawyer
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