Improperly secured or placed merchandise can cause serious injuries to shoppers. The Florida premises liability lawyers at Holliday Karatinos Law Firm, PLLC provide aggressive legal advocacy to individuals injured by falling merchandise. Our attorneys offer seasoned representation and can help you hold the parties who caused your injuries responsible for their negligent actions.
Causes of Falling Merchandise Accidents
Unsuspecting shoppers are sometimes hurt by falling merchandise. Department stores and mega warehouse shops often stack merchandise on high shelves. These products can threaten the safety of shoppers who may not be aware of the danger.
Falling merchandise injuries occur if:
- Merchandise is improperly stacked.
- Merchandise is insufficiently or inappropriately secured onto shelves.
- Shelves are not appropriate to support the weight of the merchandise.
- The store failed to warn shoppers of a known risk of precariously stacked or secured merchandise.
Shoppers can suffer devastating injuries as a result of heavy falling merchandise. Catastrophic brain injuries or spinal cord trauma can lead to concussions, paralysis, or even death in serious cases.
Liability for Falling Merchandise Injuries in Florida
You can pursue a personal injury claim against the property owner responsible for your injury. This means that you will need to establish duty, breach, causation of your injuries, and damages.
First, you must show that the property owner owed you a duty of care. In Florida, property owners have a duty to maintain their premises in reasonably safe conditions for others on their property. This duty of care is owed in varying degrees to most individuals on the property. There are three categories of visitors in premises liability cases: invitees, licensees, and trespassers. Invitees, or people invited on the property for a public or commercial purpose, are owed the highest duty of care. Property owners have a duty to keep their property in reasonably safe condition for invitees. They also must correct or warn of any known dangers, or dangers they should have known about, that the invitee could not have discovered with reasonable care.
Next, you must demonstrate that the property owner breached this duty of care. For example, a property owner may have failed to get the appropriate shelving for the merchandise, which caused it to collapse. You must prove that the property owner’s failure to exercise its duty of care caused your injuries and damages.
Employers in Florida can be held responsible for an employee’s negligence. If an employee negligently stacked merchandise on the property, the employer may be held liable for the employee’s actions if the employee acted within the scope and course of his or her employment.
Damages and Compensation
Falling merchandise injuries can have physical and financial consequences. You can seek compensation for your damages, including medical expenses, lost wages, loss of earning capacity, and more. If your loved one died as a result of falling merchandise, you may recover damages through a wrongful death claim. You can get compensation for your relative’s medical expenses, funeral and burial costs, lost wages, and additional damages, such as loss of companionship. Florida has strict statutes of limitations on both personal injury (four years after the accident) and wrongful death claims (two years after the accident). Unless you file your suit within these time frames, you may lose the opportunity to pursue a claim.
Dependable, Tenacious Representation for Spring Hill Clients
At Holliday Karatinos Law Firm, PLLC, our injury attorneys are prepared to offer you knowledgeable legal counseling and tenacious representation in your personal injury case. After over 50 collective years of practicing law, our lawyers have significant experience negotiating settlements for clients and advocating for their rights before a judge or jury. We provide you with individualized legal solutions to help you obtain fair compensation for your injuries. We serve clients throughout local communities including Pasco, Hernando, and Citrus Counties. Call our office or contact us online to schedule a free, confidential consultation with our attorneys today.