Falling Merchandise Lawyers in Delaware

Holding Negligent Businesses Accountable for Injuries

Even with the growth of shopping and delivery apps, most people still handle the majority of their shopping in-store. In fact, over 75% of consumers visit multiple stores every week just to find the groceries they’re looking for. No one expects to be injured while shopping for what they need, but due to the potential for falling items, this is a danger that’s often present. If you or a loved one has been injured in such an incident, a falling merchandise lawyer in Delaware may be able to help.

At Schwartz & Schwartz, Attorneys at Law, our Delaware personal injury attorneys have assisted many clients injured in these accidents in recovering compensation. Negligent stocking practices are just one danger that can lead to injury, but the truth is that there are many risks when products are stacked or stored high. Our law firm offers free consultations to all potential personal injury clients, so don’t hesitate to reach out to us today.

How Dangerous Is Falling Merchandise?

Most people don’t give much thought to the dangers of falling merchandise in stores. This is unfortunate considering how common such incidents are. For instance, Wal-Mart once reported that it had over 17,000 falling merchandise incidents over the span of five years. Other major retailers experience these accidents as well. However, even small-town stores can cause significant injuries when their items are stocked negligently or appropriate safety measures aren’t taken.

A report from the U.S. Product and Safety Commission found that over 12,000 emergency room visits every year are attributable to falling furniture, appliances, and televisions. This doesn’t even account for all the other consumer products that can cause injury when dropped on a person (e.g., heavy dog food bags, gym equipment, etc.). It’s unfortunate, but improperly stacked and stocked items can prove disastrous for unexpecting shoppers below.

What Injuries Can Falling Merchandise Cause?

Many people have experience with falling merchandise, but luckily, most incidents aren’t serious at all. In fact, many of these occurrences likely go unreported. After all, would you file a report with the manager if a box of cereal fell on your shoulder? Even among incidents that are reported, corporate spokespeople say that injuries are relatively minor in most cases. However, serious harm can come when such incidents aren’t “minor.”

Consider some of the most common injuries suffered due to falling merchandise:

• Head injuries, including traumatic brain injuries and hemorrhage
• Broken bones and fractures
• Paraplegia and other forms of paralysis
• Crush injuries (i.e., the most common cause of fatal incidents)
• Positional asphyxia (often fatal)
• Lacerations
• Internal organ injuries
• Wrongful death

The report discussed earlier from the U.S. Consumer Product Safety Commission lists these as the most common causes of injury and death from falling merchandise. Tragically, these accidents most often affect children under the age of 10. The amount of adults and senior citizens harmed by these items, however, is not insignificant. Regardless of the individual circumstances surrounding your case, reaching out to a falling merchandise lawyer in Delaware may be in your best interest.

Are Accident Victims Always Entitled to Compensation?

One of the most common questions we hear is whether accident victims are always entitled to compensation. This is particularly the case in accidents involving falling merchandise. After all, if you’re struck by a falling item in a store, it has to be the store’s fault. Right? As it turns out, this isn’t always true. It’s possible that a third-party vendor created an unsafe environment — or perhaps a reckless customer pushed items over while acting inappropriately.

In any of these situations, the injury victim would likely still be entitled to compensation. Even if negligence didn’t occur on the part of the store owner, there’s a good chance that someone acted negligently. In fact, some accident victims even contribute to their own injuries. In such cases, they may still be able to recover compensation since Delaware is a modified comparative negligence state. This means financial recovery — while reduced — isn’t impossible just because you share liability.

Do You Need a Personal Injury Attorney?

Another common question heard by our falling merchandise attorneys is whether accident victims need legal representation. After all, won’t a store seek a quick resolution by offering a fair settlement in order to avoid bad publicity? Unfortunately, it doesn’t always work out as we see in the movies. Offering a substantial settlement cuts into profits, and if the public knows about it, they’ll assume it was paid because the company was at fault.

This means companies and property owners have little incentive to treat you fairly. However, that’s exactly what they’ll try to convince you they’re doing. This is why you need a Delaware falling merchandise accident lawyer on your side. Retailers and insurers will try to take advantage of you and even get you to admit some level of fault. However, a legal professional can ensure they don’t get by with an unfair settlement — and if they refuse to make a fair offer, an attorney can sue on your behalf.

Contact Falling Merchandise Lawyers in Delaware Today

No one should have to fear for their safety when they’re simply shopping for everyday items. Unfortunately, the negligence of store owners and employees can lead to significant injuries. Proper safety measures must be taken in places of business, and this includes safely storing items so they’re not a danger to consumers. And while “sky shelves” may seem like the most dangerous risk, items falling from any level can prove injurious or even fatal to shoppers below.

At Schwartz & Schwartz, Attorneys at Law, our personal injury lawyers have seen far too many victims harmed by falling merchandise. Such incidents can occur for many reasons, but the individual circumstances matter less than the outcome. If you’ve been injured in such an accident, it’s important to identify liable parties and hold them accountable. Contact us today by calling (302) 678-8700. Our falling merchandise lawyers in Delaware can help you understand your rights and how to move forward.