As “big box” stores have exploded across the United States, certain consumer hazards have come along with them. If all of these newer styled retail locations, giant boxes and merchandise are piled high in warehouse like shelving. You see this not only in home improvement superstores like Home Depot and Lowes, but in other retail giants like Wal-Mart, Target and even stores like Baby’s ‘R Us and Toys ‘R Us. Unfortunately, although this does add some benefits to the consumer, it also presents a major consumer hazard because when items of that size fall from a great height and land on a person, they are bound to be badly injured. This is actually an example of poor decisions by negligent retailers.
There is very little regulation in regards to the falling merchandise issue – which is one that is more prevalent now than it ever has been. In fact, the Occupational Safety and Health Administration (OSHA) only inspect stores if an employee is injured, not if a consumer is injured and this practice is now under scrutiny from a variety of consumer protection groups. Specifically, many groups are calling for the implementation of netting or railings on high shelving units that hold heavy items to better protect shoppers and employees from falling items.
Obviously, when an individual is hit by falling merchandise they have the right to sue for damages based on personal injury and in many cases, they are succeeding. For example, in 1995 a Colorado jury awarded a man $3.3 million in compensation for being brain damaged and suffering various physical injuries when two ice augers (40 lbs pieced of equipment) fell on him in a Colorado Wal-Mart store. In another high profile case, a NASA astronaut is suing Home Depot because a heavy drill press fell on his head and shoulders and he has sustained long term personal injuries from the incident.
According to some reports, Home Depot receives as many as 200 falling merchandise complaints in a single month and it was reported that during an eight month period in the year 2000, 3 people were injured fatally by falling merchandise at Home Depot stores. A Wal-Mart spokesperson indicated recently that over 17,000 falling merchandise lawsuit claims were filed against the Wal-Mart between 1989 and 1994.
Statistics are indicating that most falling merchandise accidents occur in the Christmas shopping season between October and January, when so much additional merchandise is stocked by stores to meet holiday demands that the shelves often aren’t equipped to hold the additional capacity.
If you have sustained an injury in any store due to falling merchandise and negligent reatilers you should contact a personal injury lawyer as soon as possible. Clearly your first step should be to see your doctor and get appropriate treatment. You should then seek a qualified attorney to help you seem compensation for any medical bills, loss of pay and pain of suffering that you have had to suffer as a result of retail store negligence. As more of this type of litigation moves forward, the likelihood rises of legislation to protect consumers and implement safety measures in large stores where falling merchandise is such a large issue.