Injured by Falling Merchandise: Your Legal Rights and Next Steps

Yes. If merchandise falls on you in a store, you can sue under premises liability law. Stores have a legal duty to keep shelves, displays, and storage areas safe for customers. If negligence caused the hazard, you may recover medical bills, lost wages, and pain and suffering. Contact a personal injury lawyer before speaking to the store’s insurer.

Thompson Law represents clients injured by falling merchandise across Texas, including Garland, and handles personal injury claims in Arizona, California, and Georgia.

How Do You Prove a Store Is Liable for Falling Merchandise? 

To hold a store liable for a falling merchandise injury, you need to prove these four elements:

1. The store owed you a duty of care. As a customer, you were an invitee on the property. Under premises liability law, stores owe invitees the highest duty of care, meaning they must take reasonable steps to keep the premises safe.
2. The store breached that duty. This means the store failed to act reasonably. Stacking boxes unsafely, placing heavy items on high shelves without securing them, or not training employees on safe stocking procedures.
3. The breach directly caused merchandise to fall and injure you. You must show that the store’s negligence led to the falling merchandise. 
4. You suffered real damages as a result. Medical bills, lost wages, pain, and other harm. Without measurable harm, there is no claim.

The most common causes of incidents include:

• Overstocked shelves with products stacked above the shelf’s intended height
• Heavy items placed on top shelves where they are unstable
• Failure to inspect aisles for unsafe displays or loose merchandise
• Untrained employees using unsafe stacking or shelving methods
• Broken or poorly maintained shelving units
• Wet or slippery floors that cause items to slide off displays

Store negligence injury claims rely on evidence of these unsafe conditions. Photos, witness statements, and store inspection records all help in proving negligence.

What Injuries Can Falling Merchandise Cause? 

Falling merchandise can cause serious injuries, including some that do not show symptoms right away, like head trauma, broken bones, and crush injuries. You may feel fine immediately after being hit, then develop pain hours or days later. Falling object injuries range from minor to life-altering.

• Head trauma and concussions. A heavy box falling from a high shelf can cause traumatic brain injury.
• Broken bones. Falling merchandise can strike and crush body parts like arms, hands, shoulders, feet, and collarbones.
• Back and neck injuries. Herniated discs and whiplash can result from the impact or from trying to avoid the falling object.
• Lacerations and contusions. Sharp edges on boxes or broken merchandise can cause deep cuts, and bruising can hide internal bleeding.
• Crush injuries. If shelving collapses or very heavy merchandise falls onto a customer, crush injuries can damage muscles, nerves, and internal organs.

Delayed symptoms are common. Concussions, internal bleeding, and soft tissue injuries may not cause pain until 24 to 48 hours after the incident.

Who Can Be Held Liable When Merchandise Falls on a Customer?

Liability for a falling merchandise injury can fall on more than one party, depending on what caused the hazard.

• Store owners and operators. The primary liable party is the store itself. Store owners have a legal duty to maintain safe conditions.

• Store employees. If an employee stacked boxes unsafely or ignored a known hazard, the store is still liable because the employee acted within their job duties.
• Third-party contractors. Some stores hire outside companies to stock shelves, build displays, or rearrange merchandise. If a contractor created the unsafe condition that caused your injury, that company may share liability.
• Manufacturers of shelving or displays. If the shelving unit itself was defective, the manufacturer may be liable under product liability.

What Compensation Can You Recover for a Falling Merchandise Injury? 

Victims injured by falling merchandise can recover the following types of damages:

• Medical expenses. Emergency room visits, hospitalization, doctor appointments, and medical devices.
• Lost wages. Income you missed while recovering from your injuries.
• Diminished earning capacity. If your injuries permanently affect your ability to work.
• Pain and suffering. Pain from medical procedures, ongoing discomfort, and any permanent limitation.
• Emotional distress. Anxiety, depression, sleep disturbances, and PTSD from the incident.
• Permanent disability. Such as loss of mobility, chronic pain, or cognitive issues that impact your life long-term.

What Should You Do Immediately After Being Injured by Falling Merchandise? 

If merchandise falls on you in a store, take these steps in order. What you do in the first hour after the incident directly affects your ability to recover compensation.

1. Get medical care even if injuries seem minor. Concussions, internal bleeding, and soft tissue injuries may not appear right away. A medical record from the same day as the incident is powerful evidence.
2. Report the incident to the store management. Request a written incident report, and ask for a copy.
3. Photograph the merchandise, shelving, and scene before anything is moved. Include where the item fell, how the shelf was arranged, the product, the shelf condition, and any visible store hazards.
4. Collect contact information from any witnesses. Get the names and phone numbers of other customers or store employees who saw the merchandise fall.
5. Do not sign anything or give a recorded statement to the store’s insurer before speaking with a lawyer. You are not required to provide a recorded statement.

Retail store accidents like falling merchandise claims require fast action. Surveillance footage is often deleted within 30 to 90 days, and you need to preserve evidence immediately.

What NOT to Do After a Falling Merchandise Accident 

These mistakes can seriously damage your falling merchandise claim:

• Leaving the scene without reporting the incident. If you walk out without telling anyone, the store will claim the accident never happened. Report it before you leave.
• Telling staff you are fine or minimizing your injuries. This can be used against you later when your injuries arise.
• Posting about the accident on social media. Insurance companies monitor accounts to argue you were not really injured. Stay off social media until your case is resolved.
• Accepting any initial settlement offer without consulting a lawyer. Do not sign anything until you are aware of the full extent of your injuries.
• Giving a recorded statement to the insurer without a lawyer present. You are not required to give a recorded statement.

What Defenses Do Stores Use and How Do They Affect Your Case? 

Stores and their insurers commonly use these arguments to deny or reduce claims. Understanding their defenses helps you push back.

These defenses are designed to make you doubt your case. An experienced attorney knows how to counter each argument.

Get a Free Case Review From a Falling Merchandise Lawyer 

If you were injured by falling merchandise in a store, Thompson Law offers a free consultation. No fee unless we win. Contact us today before the store’s insurer contacts you, and speak with a lawyer about your case.

FAQ

Can I sue if merchandise falls on me in a store?

Yes. You can sue under premises liability law if the store was negligent in stacking, displaying, or securing merchandise. You must prove the store knew or should have known about the unsafe condition.

Who is liable when merchandise falls on a customer?

The store owner or operator is the primary liable party. In some cases, third-party contractors who stocked the shelves, or manufacturers of defective shelving, may also share liability.

What are the four elements I need to prove to win a falling merchandise case?

You must prove 1) the store owed you a duty of care, 2) the store breached that duty through unsafe conditions, 3) the breach caused the merchandise to fall and injure, and 4) you suffered actual damages as a result.

What evidence do I need after being injured by falling merchandise?

Photographs of the merchandise, shelf, and scene, as well as a copy of the store’s incident report. Also, witness contact information, medical records from the same day as the incident, and any surveillance footage from the store.

Can I sue the manufacturer if a shelf or display was defective?

Yes. If the shelving unit or display had a manufacturing defect, design defect, or missing safety feature, you may have a product liability claim against the manufacturer separate from a premises liability claim against the store.

What compensation can I recover for a falling merchandise injury?

Medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, and permanent disability.

How long do I have to file a claim after being injured by falling merchandise?

Texas generally gives two years from the date of injury to file a personal injury lawsuit. Missing this deadline permanently bars your claim.

¿Thompson Law puede ayudarme si fui lastimado por mercancía caída en una tienda?

Sí. Thompson Law tiene abogados que hablan español y pueden ayudarle si fue lastimado por mercancía caída en una tienda. Ofrecemos consultas gratuitas y no cobramos a menos que ganemos. Llámenos para hablar con alguien sobre su caso.