If you have been injured by falling merchandise while shopping in a retail store, you may wonder what your options are and whether you can recover compensation for your injuries. The answer depends on the details of your situation. To learn more about your legal rights and secure skilled representation, reach out to a Pike County, KY premises liability lawyer today.
What is Premises Liability?
Injuries and accidents occurring in public places like retail stores generally fall under premises liability law. Premises liability is a legal concept that holds property owners responsible for damage that occurs on their property due to their negligence. Property owners (or occupants like leasees or store operators) are legally obligated to provide lawful visitors with a reasonably safe environment, free from harm. When an individual fails to provide safe conditions and an accident occurs, the victim may be able to hold them accountable.
Can I Recover Compensation for Injuries Caused By Falling Merchandise?
Yes, under premises liability law, if you sustain injuries caused by falling merchandise, you may be able to hold the store owner responsible for your damages. In order to recover compensation, you must be able to prove that the store was negligent in some way. This involves establishing the four elements of negligence, which include the following.
- Duty of care: The store had a duty of care to protect your safety as a customer
- Breach of duty: The store owner or an employee breached this duty by failing to store or secure merchandise properly
- Causation: The breach of duty directly caused the merchandise to fall and injure you
- Damages: You suffered real damages as a result, like medical bills, lost wages, or pain and suffering
For example, suppose a store employee was stocking a heavy product on the top shelf. They stacked several boxes precariously on top of one another without securing or anchoring them in any way. You walked by just as a box fell, causing you to fall and sustain a concussion and sprained wrist. Because the employee failed to take proper safety precautions, and the store owner may have failed to train the employees, it could be considered negligent.
What Types of Compensation Can I Recover?
If you can prove that the store owner or employee’s negligence caused your injury, you could recover a variety of damages through a personal injury claim or lawsuit. You may be entitled to:
- Medical expenses like hospital visits, medication, physical therapy, surgeries, etc.
- Lost income from time taken off work or a diminished earning capacity
- Physical pain and suffering
- Emotional distress
- Property damage
With the help of a skilled personal injury attorney, you can establish negligence and recover the above compensation and more. For more information and to obtain experienced representation, consult a knowledgeable lawyer today.
