Sam Harding Law Firm

Falling Merchandise Lawyers & Premises Liability in Las Vegas and all of Nevada. Call The Sam Harding Law Firm: 702-333-7777

Home Personal Injury Falling Merchandise Res ipsa loquitur in Falling Merchandise Cases

Res ipsa loquitur in Falling Merchandise Cases

Las Vegas Falling Merchandise Lawyers

In falling merchandise cases, it can be difficult to establish that the defendant had "exclusive management control" over the instrumentality that produced the injury, or the merchandise. Courts often reject applying the doctrine because customers handle merchandise and have access to the areas where it is located.

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, 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, your Las Vegas, Nevada falling merchandise attorney, wants you to be informed about falling merchandise cases in Nevada.


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Sam Harding


Sam Harding
Caring, Dedicated and Committed to Justice

Since 1975, Mr. Harding has practiced in the area of personal injury litigation in Nevada. He has represented clients in personal injury cases including but not limited to wrongful death cases, brain injury cases, product liability cases, automobile accident cases, aircraft crash cases, dog bite cases, slip and fall cases, nursing home abuse cases and defamation cases.


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About Sam Harding

Mr. Harding is a member of the Nevada Trial Lawyers Association and the American Bar Association. He has been lead trial counsel in over one hundred jury trials. Mr. Harding is a member of ABOTA (American Board of Trial Advocacy). Mr. Harding is an AV rated attorney in Martindale-Hubble.

Nevada Auto Accidents

The Sam Harding Law Firm knows Nevada motor vehicle law. Our proven track record of court settlements is one of the best of any firm representing the injured from car crashes, motorcycle accidents, trucking and big-rig accidents and other motor vehicle related accident related injuries.

Catastrophic Injury Cases

For over three decades The Sam Harding Law Firm has been helping victims of serious injury in Nevada. From nursing home abuse and neglect to serious injuries such as traumatic brain injury (TBI), spinal cord injuries and more. Let Sam Harding go to work for you. We handle all cases on a personal level. We are caring, dedicated and committed to justice.

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Sam Harding Law Firm

500 South 8th Street

Las Vegas, Nevada 89101

tel 702.333.7777 fax 702.384.5731