Falling Merchandise Injuries in Albuquerque
Store owners and their staff are responsible for safely stacking merchandise on their shelves. Unfortunately, many shoppers are injured in the Albuquerque area as a result of improperly secured items. The premises liability attorneys at Parnall Law Firm can help you hold a property owner liable if you were hurt by falling merchandise. We are seasoned litigators who can assist you in pursuing a claim for damages.
Falling Merchandise in Albuquerque Stores
Goods can fall off shelves and cause serious harm to shoppers. Retail warehouse stores tend to stack and store their merchandise on shelves high above customers. If the items are not adequately secured, they can fall on top of shoppers. Merchandise typically falls if it is improperly or inadequately stacked on a shelf. Storing structures can also give in to heavy items. This can cause a chain reaction, where the merchandise and the shelf fall on the shelves and merchandise beneath them.
Falling merchandise can cause significant harm to the upper body:
In many cases, victims can seek damages for their injuries by pursuing a claim against a negligent property or store owner.
Hold Negligent Albuquerque Property Owners Accountable
Accidents that involve falling merchandise are premises liability cases. This area of the law holds people and entities accountable for injuries that occur on their property. They have a duty to use reasonable care in keeping their premises safe for others by inspecting for and repairing defects, or warning of any known but hidden dangers on the property.
The applicable degree of care depends on the victim’s visitor status. A property owner owes the highest duty of care to a person who was invited onto the premises for a business purpose. For instance, if the property owner is a department store, it owes a higher duty of care to its shoppers than a homeowner would owe a guest who is visiting for a social purpose. Property owners owe the lowest duty of care to trespassers, although there are exceptions for child trespassers. To prevail in a premises liability claim, you would need to show that the property owner had a duty to keep its premises safe for you based on your visitor status.
In addition to a duty, you must show breach, causation, and damages. A breach occurs when a property owner’s actions fall short of the duty of care. A retail store owner, for example, may have improperly installed its shelves. You would need to connect the property owner’s breach to your injuries and identify quantifiable damages that arose from them.
If a store staff member improperly stacks merchandise, its employer may be held accountable for the employee’s negligence. Employers are vicariously liable for a worker’s careless acts under the doctrine of respondeat superior. You would need to establish the staff member’s employee status and show that his or her negligent act occurred within the scope of employment.
Recoverable Damages
By establishing the property owner’s liability, you can potentially recover costs and other damages associated with your injuries. You can seek damages for your medical expenses, including any rehabilitation or surgeries you may need. You can also recover wage-related benefits, such as lost income for missed days at work and any reduction in your earning capacity. New Mexico has a three-year statute of limitations, or time limit, on injury claims (or two years, with a 90-day tort notice, if caused by a state agency). This means that you must file your claim within three years from the date the accident occurred. Otherwise, you risk losing your right to initiate a claim and seek damages.
Discuss Your Falling Merchandise Premises Liability Case With an Albuquerque Attorney
The skilled premises liability lawyers at Parnall Law Firm represent victims of falling merchandise accidents throughout Albuquerque and nearby communities. Our litigators have handled a broad spectrum of personal injury lawsuits since 1997. We can review the facts of your case, determine whether you have a viable claim against the property or store owner, and discuss what options you have under the law. If we mutually agree to proceed with your case, you can depend on our tenacious advocacy to help you assert your right to damages. Call us today at 505-985-5355, or you can contact us online for a free consultation.
