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Personal Injury Suits/Claims Stack Up Against Retailers Due to Falling Merchandise/Falling Product Negligence

Whether it is Norfolk, Virginia Beach (Va. Beach), Portsmouth, Chesapeake, Suffolk, Virginia (VA) or Kitty Hawk, Hill Devil Hills, Nags Head, Manteo, Elizabeth City, North Carolina (NC), we have all witnessed the widespread development of big box stores such as Lowes, Home Depot, Sams Club, Price Club, etc. Expansive floor space with merchandise and large boxes stacked high above the customers is the standard for these retail giants. Unfortunately, there is an increasing number of injuries to customers caused by merchandise/products falling on them in these large stores resulting in all types of personal injuries ranging from broken bones to traumatic brain injuries.

High stacking of large boxes represents an accepted business decision for the store. This storage practice saves the retailers millions of dollars by cutting down warehouse and related costs. High stacking boxes properly done is not a problem; however, it becomes a problem when the store fails to secure the merchandise and product to prevent it from falling suddenly and causing personal injury.

The potential causes for falling merchandise are numerous: improper product stacking may result in a fall as the merchandise settles into an unbalanced status, equipment striking shelves may cause the products above to become unstable, an employee or customer may remove or dislodge merchandise below causing the higher products to fall and injure a customer.

It is the nature of the big box retail stores that the retailer anticipates and invites the customers to move throughout the store and retrieve products on their own. Despite this environment, the stores typically attempt to place the blame on the customer, i.e., the customer carelessly removed or handled merchandise/products at a lower level causing the higher product to fall, or they claim the customer climbed a ladder or stool attempting to retrieve merchandise causing the higher product to fall, etc.

Unfortunately, the big box stores are not required to file accident reports with any regulatory agency because OSHA safety standards and worker’s compensation statutes protect workers but do not protect the customers. Consequently, there are not any reliable statistics of how many or how severely customers have been injured by falling merchandise.

There is no government agency responsible for protecting customers from falling merchandise and equipment. There have been studies performed to determine how to strengthen tall racks which resulted in suggestions that the bases of the racks be bolted to the floor with four, not one, bolt and doubling metal columns supporting heavier loads. There have also been suggestions that large boxes, equipment and products should be secured together with steel bands, shrink wrap, etc.

Lawsuits arising from falling merchandise can be lengthy (several years) and expensive, and may require our personal injury lawyers to retain numerous experts with different specialties. As this type of litigation involves complex issues of negligence, reasonable care, foreseeability and damages, it is recommended that anyone contemplating such a claim contact a law firm experienced and familiar with these types of personal injury claims.


About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects.


How should you locate the best, top injury lawyer for your case?

Our Injury Lawyers Have Been Selected For Many Achievements Outlined Below:


Several  Injury Attorneys With Our Firm have been included among the "Best Lawyers in America" 2010 Edition (Lewis-Injury Law, Shapiro-Railroad Injury Law) and been Named As Virginia "Super Lawyers" For Personal Injury Law  (Lewis, Shapiro - 2009 Ed.)(Less than 5% of Outstanding Lawyers are Chosen); also selected by the National Million Dollar Advocates Forum (Lewis, Shapiro - 2009); named among the Top 100 Lawyers in Virginia by ATLA (Shapiro - 2009), and our law firm was the first Injury Law Firm in Virginia Invited to Join Primerus, a select group of Highly Ethical, Respected Law Firms .

In October, 2000 our law firm and co-counsel obtained, what was then, the
largest record verdict in Virginia's history for an injured person (46 Million Dollar Verdict, with Interest, 60 Million Dollars, Settled confidentially during appeal).  Click on icons for more details.

 

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Geographical Areas:

Our personal injury lawyers handle personal injury cases throughout the eastern USA, and work closely with lawyers in other states on signficant injury cases.

As to Virginia (VA), this includes: Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, Newport News, Suffolk, Richmond (entire area), Petersburg, Roanoke/Salem, Alexandria, Arlington, Fairfax, Fredericksburg, Charlottesville, all areas of the Eastern Shore, including Accomack, Onancock, Chincoteauge, Wachapreague, and Cape Charles, Bloxom, Eastville, Exmore, Greenbackville, Machipongo, Mappsville, Melfa, Nassawadox, Onley, Tangier, Temperanceville, Wachapreague, and Wallops Island, Ashland, Big Stone Gap and any other city/ounty.

As to West Virginia (WV) personal injury claims: Bluefield, Beckley, Bridgeport, Charles Town, Charleston, Fairmont, Huntington, Lewisburg, Madison, Martinsburg, Morgantown, Moundsville, Parkersburg, Ripley, Sutton, Weirton, Wheeling, and any other town or county.

Injury Lawyers licensed in VA, WV, NC, SC, KY, FL & Wash., DC.

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1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042

Hampton-Peninsula Area Office
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101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162

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