Characteristics of Falling Merchandise Cases

Falling merchandise incidents have the following common characteristics.

High stacking. A trademark of the retail warehouse merchant is high stacking, characterized by safety experts as the storage of merchandise on the sales floor above eye level.4 Merchandise is often stacked on shelves 15 feet above the sales floor. A sales clerk or customer must stretch, use a ladder or step stool, or climb on shelves to handle merchandise.

Unsecured merchandise. Typically, merchants do not use physical restraining safety devices such as security bars, fencing, safety ties, and shelf extenders on high shelves because of the expense involved and the employee time it would take to use them. Kmart representatives have testified that use of the devices is simply "not practical."5 Wal Mart takes the position that merchandise can be safely stacked on high shelves without the use of the devices.

Triggering events. Falling merchandise can be triggered by moving merchandise that has been stacked in an unstable manner; moving merchandise on one shelf in such a way that merchandise on an adjacent shelf falls, referred to as "push through"; stacking different size boxes on top of each other; and stacking heavy merchandise on top of lighter merchandise. Vibrations in and out of a store, merchandise left hanging over the lip of a shelf, and merchandise too large for a shelf can also cause the problem.

No warning of danger. Typically, the merchandise falls without any warning to unsuspecting customers. Notwithstanding that merchants know of the risk of falling merchandise from high stacking and the potential for serious injury to customers, they do not warn customers of these risks with signs, banners, or placards; do not cordon off shopping aisles when merchandise is being stocked or retrieved; and do not use spotters when stocking is in progress.

Customer not negligent. Generally, the customer is not the cause of the merchandise falling and is generally not charged with a duty to watch for falling merchandise or to expect merchandise to fall.

Improper training. Often store personnel are improperly trained, or not trained at all, in stocking techniques or in recognizing and correcting the hazards of falling merchandise. A number of incidents could be prevented if merchants would train employees in procedures for recognizing hazards and would ensure that the merchandise is safely stacked.

Nature of injuries. A significant percentage of injuries occur to the head, neck, back, and upper torso. Even light merchandise becomes dangerous when it falls from a high shelf. For example, a 5 pound object falling about 2 feet exerts a force of about 319 pounds.

Incidents tracked. Merchants in the retail warehouse business commonly track incidents. They know of the serious nature of the problem. Also, most know there are a far greater number of "near misses" than "hits."

At Sam Harding Law Firm, The Good Guy, we understand the problems suffered by people who have sustained injuries from falling merchandise. We know that insurance companies often try to take advantage of unrepresented clients. We work hard for our clients to get them the money they deserve without their having to go to court. We work to get medical bills, lost income and money for pain and suffering. However, should your case require litigation, we are prepared to take your case to court. We are an ABOTA and AV rated Martindale Hubbel law firm.

Sam Harding Law Firm, The Good Guy, your Las Vegas, Nevada falling merchandise attorney, wants you to be informed about falling merchandise cases in Nevada.