Res ipsa loquitur in Falling Merchandise Cases
In Gonzales v. Shoprite Foods, Inc., the New Mexico Supreme Court stated that "where we are dealing with the display and arrangement of merchandise being offered to the public for sale on the shelves of a self service supermarket serving between 900 and 1,000 people on a normal Saturday . . .all with equal access to the merchandise, the merchandise can hardly be said to be within the sole and exclusive control of the [defendant]."
The doctrine may be applied, however, when "control" is interpreted to mean a "right to control."36 A court may also apply the doctrine when the plaintiff demonstrates the merchandise is located on high shelves for storage purposes and not for immediate sale; only store employees are intended to have access to the merchandise by requiring use of ladders or other reaching devices, and the merchant prevents customer access to such devices (e.g., "please ask for assistance" signage); and no one else was in the area and/or there was no known cause of the fall.
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.
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