People hit by objects in stores turn to this West Palm Beach Falling Merchandise Lawyer to get compensated for their injuries. Items for sale in stores are typically referred to as merchandise. Unfortunately, merchandise frequently falls off of shelves or “racks” in stores and causes injuries to customers. When a customer is injured in a store, he or she may be able to pursue a case against the owner of the store. Such a case is referred to as a premises liability case.
Merchandise may fall in stores due to all sorts of reasons. For example, employees in stores may actually drop merchandise as they are carrying it or placing it on the racks/shelves in the store.
Additionally, unsecured merchandise may fall off of the rack or shelve and injure a customer. This may happen when such merchandise isn’t properly secured. This may be particularly dangerous when that merchandise is extremely heavy. Customers going through such merchandise may have it fall on them, causing injuries.
Finally, merchandise hanging from the ceiling may fall. This can cause customers to be hit and injured.
If you are hit by falling merchandise in a store or other business establishment in Florida (including Miami-Dade County, Miami, Fort Lauderdale and Broward County), contact Mr. Quackenbush by calling 954-448-7288. You can receive guidance from this West Palm Beach Falling Merchandise Law Firm. At no charge, Mr. Quackenbush will discuss your case at length.
Many people believe that they are automatically entitled to money if they are injured on the property of another person or entity. However, this isn’t so. The reality is that, if the business owner had no notice of the dangerous condition that caused your injury, then the owner won’t be responsible for it. This seems fair. After all, if the property owner didn’t know of the dangerous condition, then it would seem unfair to hold the owner accountable for it.
Therefore, if you’ve been hurt due to falling merchandise in a store, you will only be able to recover compensation if you’re able to prove that the property owner had notice of the dangerous condition (i.e., that the merchandise was prone to fall). You will be able to do this if you are able to show that the property owner eithe 1) had “actual notice” of the dangerous condition or 2) had “constructive notice” of it.
You can prove that the property owner had actual notice of the dangerous condition if you are able to show that the owner actually knew of it. For example, if an employee saw that an object in the store was about to fall but did nothing about it, then the store will be deemed to have had actual notice of the dangerous condition. In that case, the store will be responsible for any injuries caused.
You may also prove liability on the part of the property owner by showing that it had “constructive notice” of the dangerous condition. Constructive notice exists when the property owner should have known of the condition. For example, if the condition existed for a long period of time, then a Court may say that the property owner should have known of it. If an object was precariously hanging from the ceiling for many days and then eventually fell onto a customer causing injuries, for instance, then a Judge will likely say that the property owner should have known of and done something about it. In that case, the property owner will likely be held liable for any injuries caused.
Call Mr. Quackenbush at 954-448-7288 if you’ve been harmed by inadequate maintenance in Palm Beach County (which encompasses Belle Glade, Boca Raton, Boynton Beach, Delray Beach, Greenacres, Jupiter, Lake Worth, Lantana, North Palm Beach, Palm Beach Gardens, Palm Springs, Riviera Beach, Royal Palm Beach and Wellington). Mr. Quackenbush will talk to you for free.