Articles Posted in Premises Liability

Storeowners have an obligation to stack merchandise in a safe manner. Unfortunately, a number of people in Michigan and the United States are injured each year due to improperly stacked items falling off shelves at big box stores. If you or someone you know has been injured in an accident, such as an accident caused by falling merchandise, you may be entitled to compensation for your harm. At Davis Law Center, our seasoned Michigan personal injury attorneys can zealously advocate for your rights at every step of the way.

Falling merchandise accidents take place when a customer is injured because merchandise falls on top of him or her. This typically happens in commercial places, such as warehouses and big box stores, where goods are vertically stacked. Common causes of falling items include:

  • Stacking too high;
  • Poor stacking;
  • Defective racks;
  • Failing to warn customers of danger zones;
  • Faulty shrink wrapping;
  • Shoppers inadvertently dislodging improperly stacked items when reaching for other items;
  • Improperly secured goods; or
  • Inadequate employee training.

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When a person is injured on another’s property, they will often need to show that there was a dangerous condition that caused their injury. A dangerous condition is a condition that a reasonable person would work to correct or warn about as quickly as possible. There is not necessarily a set of standards for these conditions and they are instead identified on a case by case basis.

One example of a dangerous condition might be a leaky refrigerator in a grocery store. A reasonable person would understand that the water on the ground creates a chance for a slip and fall, so they should correct this condition immediately. At the very least, they should take steps to clean up the water and put up a sign warning of this danger.

It is important to note, however, that in the above instance, simply cleaning up the water and warning of the leak is a temporary solution. The store owner will need to fix that leak as soon as they are able. It is understandable that a plumber may not immediately be available, but it should be corrected in a few days. If it is found that an owner failed to fix that leak for months, it could have a major impact on your case.

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