Protection for the Unwary Shopper in Falling Merchandise Cases

Courts are increasingly protecting the unwary shopper from merchants who negligently stack merchandise too high. Merchants know that this practice presents an unwarranted and dangerous risk to the shopper.

Store managers must anticipate that high stacked unrestrained merchandise will fall, customers will move merchandise and cause it to be unstable or fall, and customers will try to reach for merchandise if help is not readily available.

Courts are likely to admit evidence of other incidents in the same store or other stores in order to show that the merchant knew of the dangerous condition and also to negate the defense argument that the plaintiff's negligence is the only explanation for the fall.

Finally, courts are increasingly refusing to instruct the jury on contributory or comparative negligence absent evidence of affirmative conduct on the part of the plaintiff. The defense argument that "accidents happen" does not fly in a falling merchandise case.

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.