You’re walking down the cereal aisle at your local grocery store, minding your own business, when WHAM! A heavy jar of pasta sauce tumbles off the shelf and whacks you right in the head. Sound familiar? Or maybe you’ve witnessed something similar – a stack of canned goods suddenly avalanching onto an unsuspecting shopper, or a poorly balanced display toppling over like dominoes.
Here’s the thing: this happens way more often than you’d think, and it’s not just “bad luck.” When merchandise falls and hurts someone in a Denver retail store, there’s usually a whole lot more to the story than meets the eye.
I’ve been dealing with these cases for years, and let me tell you – what seems like a simple accident often reveals some pretty concerning safety issues. Stores have real responsibilities when it comes to keeping their merchandise secure, and when they drop the ball, innocent people get hurt.
Why Stuff Falls Off Shelves (Spoiler: It’s Usually Preventable)
Let’s start with the basics. Merchandise doesn’t just randomly decide to take a dive off the shelf. There’s almost always a reason, and more often than not, it’s something the store could’ve prevented.
Poor Display Design
You know those towering displays that make you nervous just walking past them? The ones that look like they’re defying gravity? Yeah, those are accidents waiting to happen. I’ve seen cases where stores stack products way too high without proper support, create displays that are top-heavy, or use flimsy materials that can’t handle the weight.
One case that really stuck with me involved a woman who was shopping for her daughter’s birthday party. A display of glass picture frames was stacked about eight feet high with no back support. When she gently touched one frame to look at the price, the entire thing came crashing down. She ended up with cuts all over her arms and a concussion from trying to protect her face.
Inadequate Shelving Systems
Not all shelving is created equal, and some stores cut corners with cheap or inappropriate shelving systems. I’m talking about:
- Shelves that aren’t properly anchored to the wall
- Weight limits that are exceeded regularly
- Old or damaged shelving that should’ve been replaced years ago
- Shelves that aren’t level (you’d be surprised how common this is)
Employee Training Issues
This one’s huge. Store employees often don’t receive proper training on how to safely stock shelves and create displays. They might not understand weight distribution, proper stacking techniques, or how to secure items that could easily fall.
I remember talking to a former grocery store employee who told me they were never trained on weight limits for shelves. They just kept stacking until it “looked full.” That’s a recipe for disaster.
Maintenance Problems
Stores are busy places, and things break down. But when management doesn’t keep up with maintenance, small problems become big safety hazards. Loose shelf brackets, worn-out display fixtures, and damaged merchandising equipment all contribute to falling merchandise incidents.
The Real Cost of Falling Merchandise
When people think about retail injuries, they usually picture slip and fall accidents. But falling merchandise can be just as dangerous – sometimes more so.
Head and Brain Injuries
This is the big one that keeps me up at night. A heavy item falling from even a moderate height can cause serious head trauma. I’ve represented clients who suffered concussions, traumatic brain injuries, and skull fractures from falling merchandise.
One particularly heartbreaking case involved an elderly gentleman who was shopping for his weekly groceries. A large bottle of laundry detergent fell from the top shelf and hit him in the temple. He developed a subdural hematoma and was never quite the same after that. His family had to put him in assisted living because he couldn’t safely live alone anymore.
Back and Spinal Injuries
People’s natural reaction when something’s falling toward them is to try to catch it or jump out of the way. This can lead to serious back injuries, herniated discs, and spinal cord damage. I’ve seen clients who tried to catch a falling case of beer and ended up with permanent back problems.
Cuts and Lacerations
Glass items, metal products, and anything with sharp edges can cause serious cuts when they fall. These might seem minor compared to head injuries, but deep lacerations can require extensive surgery and leave permanent scars.
Psychological Impact
Don’t underestimate the mental side of these accidents. Many people develop anxiety about shopping after being hurt by falling merchandise. They might avoid certain aisles or stores entirely. Some develop post-traumatic stress symptoms, especially if the incident was particularly frightening.
Store Liability: When Retailers Are on the Hook
Here’s where things get legally interesting. Stores can’t just shrug their shoulders and say “accidents happen” when merchandise falls and hurts someone. They have legal duties that go beyond just selling stuff.
Premises Liability Basics
In Colorado, retail stores are considered business invitees’ premises, which means they owe customers a high duty of care. This includes:
- Keeping the premises reasonably safe
- Regularly inspecting for hazards
- Fixing known problems promptly
- Warning customers about dangers that can’t be immediately fixed
When it comes to falling merchandise, stores are expected to use reasonable care in how they display and store products.
The Standard of Care
Courts look at what a “reasonably prudent” store owner would do in similar circumstances. This includes things like:
- Following industry safety standards for displays
- Training employees on proper stocking procedures
- Regular safety inspections
- Using appropriate shelving and display materials
- Considering the weight and stability of merchandise arrangements
When Stores Try to Dodge Responsibility
I’ve heard all the excuses, and let me tell you, stores and their insurance companies get pretty creative when trying to avoid liability:
“The customer must have bumped into the display.” Sometimes this is true, but often it’s just an assumption. Even if a customer did bump something, the question is whether a reasonable bump should cause a catastrophic failure.
“It was an act of God.” Unless lightning struck your pasta sauce display, this probably doesn’t apply.
“The customer should have been more careful.” This is victim-blaming at its finest. Customers have a right to expect that merchandise won’t fall on them during normal shopping activities.
Proving Store Negligence
To win a falling merchandise case, you typically need to show that the store:
- Had a duty to keep merchandise safely displayed
- Breached that duty through negligent actions or inactions
- The breach caused the merchandise to fall
- The falling merchandise caused your injuries
This might sound straightforward, but it often requires expert testimony about proper retail practices, engineering analysis of display systems, and careful investigation of the incident.
Common Types of Falling Merchandise Accidents in Denver Stores
Let me walk you through some of the most common scenarios I see in my practice. These might help you recognize dangerous situations before they become accidents.
Grocery Store Incidents
Grocery stores are goldmines for falling merchandise cases, and not in a good way. The combination of heavy products, high shelves, and constant restocking creates lots of opportunities for things to go wrong.
Canned Goods Avalanches: Ever seen those towering displays of soup cans or soda cases? When they’re not properly secured, they can collapse like a house of cards. I represented a mom who was shopping with her toddler when a display of canned tomatoes collapsed. She threw herself over her child to protect him and ended up with a serious back injury.
Top-Shelf Hazards: Stores love to use every inch of vertical space, but putting heavy items on high shelves creates falling hazards. Bottles of cooking oil, large containers of juice, and bulk items can cause serious injuries when they fall.
Refrigerated Section Problems: The cold makes everything more slippery, and condensation can make shelves slick. I’ve seen cases where frozen food packages slide right off shelves and hit customers.
Big Box Retailers
These stores present unique challenges because of their warehouse-style setup and enormous inventory.
Warehouse-Style Stacking: Some big box stores stack merchandise floor-to-ceiling without proper restraints. When customers try to grab something from these displays, the whole stack can come tumbling down.
Heavy Item Displays: Appliances, furniture, and bulk items require special display considerations. When stores don’t use proper restraints or warning signs, these heavy items can cause catastrophic injuries.
Seasonal Display Issues: Holiday and seasonal displays are often temporary setups that don’t get the same engineering attention as permanent fixtures. I’ve seen some pretty sketchy Halloween and Christmas displays over the years.
Department Stores
Department stores have their own set of falling merchandise risks, often related to clothing displays and accessories.
Mannequin Mishaps: Those mannequins might look stable, but they can tip over easily if they’re not properly weighted or secured. I handled a case where a large male mannequin fell on a customer, causing a shoulder injury.
Clothing Rack Collapses: Overloaded clothing racks can collapse or tip over, especially when customers are browsing through hangers.
Accessory Displays: Small items like jewelry, cosmetics, and accessories are often displayed in precarious arrangements that can easily be disturbed.
Hardware and Home Improvement Stores
These stores deal with particularly heavy and dangerous merchandise, making safety even more critical.
Tool and Equipment Falls: Power tools, hand tools, and hardware items can cause serious injuries when they fall. These stores often have high shelves packed with heavy metal objects.
Building Materials: Lumber, pipes, and other building materials require special handling and storage. When improperly stacked or secured, they can cause crushing injuries.
Paint and Chemical Spills: When paint cans or chemical containers fall, you’re dealing with both impact injuries and potential chemical exposure.
The Investigation Process: Building Your Case
If you’ve been hurt by falling merchandise, the investigation starts immediately – even while you’re still dealing with your injuries. Here’s what needs to happen to build a strong case.
Immediate Evidence Collection
The scene of the accident changes quickly in a retail environment. Employees clean up, merchandise gets restocked, and evidence disappears. That’s why immediate documentation is so important.
Photographs: If you’re able (or if someone with you can help), take photos of:
- The fallen merchandise
- The display or shelf it came from
- The surrounding area
- Your injuries
- Any broken or damaged items
Witness Information: Get contact information from anyone who saw what happened. Store employees, other customers, and security personnel can all be valuable witnesses.
Store Incident Reports: Most stores will want to fill out an incident report. Make sure you get a copy, and don’t let them pressure you into signing anything that admits fault or releases them from liability.
Video Evidence
Modern retail stores are loaded with security cameras, and this footage can be gold for your case. However, stores typically only keep this footage for a limited time before it’s automatically deleted.
Your attorney needs to send a formal preservation letter to the store immediately, demanding that they preserve all relevant video footage. This includes:
- Cameras showing the actual incident
- Footage of the area before the incident (to show how the display was set up)
- Any video of employees stocking or working on the display
Expert Analysis
Falling merchandise cases often require expert testimony to explain what went wrong and why it was preventable. We work with various types of experts depending on the case:
Retail Safety Experts: These professionals understand industry standards for merchandise display and can explain how the store deviated from accepted practices.
Engineering Experts: For cases involving structural failures or complex display systems, we might need an engineer to analyze what went wrong.
Medical Experts: To fully understand your injuries and their long-term impact, medical experts can provide detailed testimony about your condition and prognosis.
Store Policies and Procedures
Every retail chain has written policies about merchandise display, safety inspections, and employee training. These documents can be incredibly valuable in showing that the store knew about safety requirements but failed to follow them.
Getting access to these documents usually requires formal legal discovery, which is one reason why having an experienced attorney is so important in these cases.
What to Do If Merchandise Falls on You
Let’s talk about the practical stuff – what you should actually do if you find yourself in this situation. Your actions right after it happens can really affect both your health and any potential legal case.
Priority One: Your Health and Safety
First things first – make sure you’re safe and get medical attention if you need it. Don’t try to be a hero and walk off a head injury or ignore pain because you’re embarrassed.
Stay Where You Are: Unless you’re in immediate danger, don’t move around too much right after the incident. You might have injuries you’re not aware of yet, and moving could make them worse.
Call for Help: If you’re seriously hurt, don’t hesitate to call 911. Store employees should also be trained to handle medical emergencies, so alert them to what happened.
Don’t Refuse Medical Attention: Adrenaline can mask pain and injury symptoms. Even if you feel “fine” initially, consider getting checked out by a medical professional.
Document Everything
Once you’ve taken care of your immediate health needs, start documenting what happened while it’s fresh in your memory.
Write Down Your Account: As soon as you’re able, write down exactly what happened. Include details like:
- What you were doing when the merchandise fell
- Where you were standing
- What the display looked like
- How the incident occurred
- What you felt and observed immediately after
Take Photos: We talked about this earlier, but it bears repeating. Document the scene, the fallen merchandise, the display it came from, and your injuries.
Get Witness Information: Ask anyone who saw what happened if they’d be willing to provide their contact information. Most people are helpful if you explain that you were injured.
Deal with Store Management
Store managers and employees will likely approach you after an incident. Here’s how to handle these interactions:
Be Cooperative but Careful: You should report the incident and cooperate with store personnel, but be careful about what you say. Stick to the facts of what happened without speculating about causes or accepting blame.
Avoid Admitting Fault: Don’t say things like “I should have been more careful” or “I guess I bumped into it.” Even if you think you might have contributed to the incident, let the investigation sort out what actually happened.
Get a Copy of Any Reports: If the store fills out an incident report, make sure you get a copy before you leave.
Preserve Evidence
Your clothes, shoes, and any personal items damaged in the incident can be evidence. Don’t wash, repair, or throw away anything that was involved in the accident until you’ve consulted with an attorney.
Understanding Your Rights as a Denver Shopper
As someone who shops in Denver retail stores, you have certain rights when it comes to safety. Understanding these rights can help you recognize when a store has fallen short of its responsibilities.
The Right to Safe Shopping Environment
This might seem obvious, but it’s worth stating clearly: you have the right to expect that stores will maintain their premises in a reasonably safe condition. This includes properly securing merchandise so it doesn’t fall on customers.
Reasonable Safety Measures: Stores don’t have to make their premises absolutely accident-proof (that would be impossible), but they do need to take reasonable steps to prevent foreseeable injuries.
Regular Inspections: Retail stores should have systems in place to regularly inspect their merchandise displays and fix any problems they find.
Proper Training: Store employees should be trained on safety procedures, including how to properly stock shelves and create displays.
The Right to Warning About Known Hazards
If a store knows about a dangerous condition that they can’t immediately fix, they have a duty to warn customers about it. For example, if a display is temporarily unstable while waiting for repair, the store should block access to it or post warning signs.
The Right to Compensation for Injuries
When a store’s negligence causes you to be injured by falling merchandise, you have the right to seek compensation for:
Medical Expenses: This includes not just your immediate medical bills, but also future medical care related to your injuries.
Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income.
Pain and Suffering: Physical pain, emotional distress, and reduced quality of life are all compensable damages.
Other Losses: Depending on your situation, you might be entitled to compensation for things like household help, transportation to medical appointments, or modifications to your home.
The Right to Legal Representation
You have the right to consult with an attorney about your case, and in most falling merchandise cases, you won’t pay attorney fees unless your case is successful. At McCormick & Murphy, P.C., we handle most personal injury claims on a contingent fee basis, which means attorney fees are only paid if and when a recovery is made for the client.
Store Safety Standards and Regulations
Let’s explore the technical side of things. There are actual standards and regulations that govern how stores should display merchandise safely. Understanding these can help you recognize when a store has cut corners on safety.
Industry Safety Standards
The retail industry has developed various safety standards over the years, often in response to accidents and injuries. These aren’t always legally binding, but they represent the accepted best practices in the industry.
National Retail Federation Guidelines: The NRF publishes safety guidelines that cover merchandise display, including recommendations for:
- Maximum stacking heights for different types of products
- Proper shelf loading techniques
- Display stability requirements
- Regular safety inspection procedures
Occupational Safety and Health Administration (OSHA) Standards: While OSHA primarily focuses on worker safety, many of their standards also impact customer safety. For example, OSHA requirements for proper shelving and storage can prevent merchandise from falling on both employees and customers.
Building Codes and Local Regulations
Denver has building codes that can impact retail safety, particularly when it comes to:
Seismic Considerations: Even though Colorado isn’t known for major earthquakes, building codes still require that shelving and displays be able to withstand some movement without collapsing.
Weight Load Requirements: Floors, walls, and ceiling-mounted displays must meet specific weight-bearing requirements.
Emergency Egress: Displays can’t block emergency exits or create hazards that would impede evacuation.
Manufacturer Guidelines
Most shelving systems, display fixtures, and merchandising equipment come with manufacturer guidelines about proper installation, weight limits, and safety considerations. When stores ignore these guidelines, they’re often setting themselves up for accidents.
I’ve seen cases where stores exceeded the manufacturer’s recommended weight limits by 200% or more. When shelves collapse under those conditions, it’s pretty clear that the store was being negligent.
Insurance Company Requirements
Many retail stores’ insurance policies actually require them to follow specific safety procedures. When stores don’t follow these procedures, they might not only be liable for injuries – they might also find that their insurance won’t cover the claim.
The Legal Process: What to Expect
If you decide to pursue a legal claim for a falling merchandise injury, here’s what you can expect from the process. I’ll walk you through this step by step so you know what’s coming.
Initial Consultation
The process starts with a consultation with an experienced personal injury attorney. During this meeting, we’ll discuss:
- What happened during your accident
- The extent of your injuries
- The medical treatment you’ve received
- How the incident has impacted your life
- The strength of your potential case
At McCormick & Murphy, P.C., we offer free consultations for personal injury cases, so you can get professional advice about your situation without any upfront cost.
Case Investigation
If we decide to take your case, the real work begins with a thorough investigation. This includes:
Gathering Evidence: We’ll collect all available evidence, including photos, video footage, witness statements, and store records.
Medical Records Review: We’ll obtain all your medical records related to the incident and have them reviewed by medical experts if necessary.
Expert Analysis: Depending on your case, we might hire retail safety experts, engineers, or other specialists to analyze what went wrong.
Legal Research: We’ll research similar cases and applicable laws to build the strongest possible argument for your case.
Filing the Lawsuit
In Colorado, you generally have two years from the date of your injury to file a lawsuit (this is called the statute of limitations). However, it’s usually better to start the legal process much sooner than that.
When we file your lawsuit, we’ll include claims for all the damages you’ve suffered, including medical expenses, lost wages, pain and suffering, and any other losses related to your injury.
Discovery Process
This is where both sides exchange information and gather evidence. The discovery process might include:
Interrogatories: Written questions that each side must answer under oath.
Document Requests: Formal requests for relevant documents, such as store policies, incident reports, and video footage.
Depositions: Sworn testimony taken outside of court, where witnesses and parties answer questions from both sides’ attorneys.
Expert Witness Reports: Both sides will typically hire experts to analyze the case and provide opinions about what happened and why.
Settlement Negotiations
Most falling merchandise cases settle out of court, which can be good for everyone involved. Settlements are typically faster and less expensive than going to trial, and they avoid the uncertainty of what a jury might decide.
We’ll negotiate aggressively on your behalf to get you the best possible settlement. However, we’ll never pressure you to accept a settlement that doesn’t adequately compensate you for your injuries.
Trial
If we can’t reach a fair settlement, we’re prepared to take your case to trial. Colorado juries are generally fair to injured people when they can see that a store was negligent in maintaining safe premises.
At trial, we’ll present evidence showing:
- How the store was negligent in displaying merchandise
- How that negligence caused your injuries
- The full extent of your damages
Types of Compensation Available
When you’re injured by falling merchandise due to a store’s negligence, you may be entitled to various types of compensation. Let’s break down what might be available in your case.
Economic Damages
These are the financial losses you can calculate with receipts, bills, and other documentation.
Medical Expenses: This includes all medical costs related to your injury:
- Emergency room visits
- Hospital stays
- Doctor appointments
- Diagnostic tests (X-rays, MRIs, CT scans)
- Surgery and procedures
- Physical therapy
- Prescription medications
- Medical equipment (crutches, wheelchairs, etc.)
- Future medical care
Lost Wages: If your injury prevents you from working, you can recover:
- Wages lost while recovering
- Vacation or sick time used
- Lost overtime opportunities
- Reduced earning capacity if you can’t return to your previous job
- Lost benefits (health insurance, retirement contributions)
Other Financial Losses: Depending on your situation, you might also recover:
- Transportation costs to medical appointments
- Household help if you can’t perform normal activities
- Modifications to your home or vehicle
- Replacement of personal items damaged in the incident
Non-Economic Damages
These are the intangible losses that don’t come with a receipt but are very real parts of your experience.
Pain and Suffering: This covers the physical pain you’ve experienced and will continue to experience because of your injuries.
Emotional Distress: Many people develop anxiety, depression, or other emotional problems after being injured in a falling merchandise accident.
Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you used to enjoy, you can be compensated for this loss.
Inconvenience: The disruption to your normal life routine is a real loss that can be compensated.
Punitive Damages
In rare cases where a store’s conduct was particularly reckless or intentional, punitive damages might be available. These are designed to punish the wrongdoer and deter similar conduct in the future.
For example, if a store knew that a particular display was dangerous and had already caused injuries, but continued to use it anyway, punitive damages might be appropriate.
Working with Insurance Companies
Here’s something that might surprise you: even when a store is clearly at fault for your injuries, their insurance company won’t just hand you a check. Insurance companies are businesses, and their goal is to pay out as little as possible on claims.
Common Insurance Company Tactics
Let me share some of the tactics I see insurance companies use to minimize falling merchandise claims:
Quick Settlement Offers: Insurance adjusters might contact you soon after your accident with a quick settlement offer. These initial offers are almost always far below what your case is actually worth, but they’re hoping you’ll take the money and run before you understand the full extent of your injuries.
Requesting Recorded Statements: Insurance companies love to get recorded statements from injured people, especially before they’ve talked to an attorney. They’ll ask seemingly innocent questions designed to get you to say something that hurts your case.
Disputing Medical Treatment: Insurance companies often argue that your medical treatment was unnecessary or excessive, even when it was recommended by your doctor.
Surveillance: Don’t be surprised if the insurance company has investigators watching you, especially if you have a significant injury claim. They’re looking for evidence that you’re not as injured as you claim to be.
Why You Need Legal Representation
Insurance companies have teams of lawyers and adjusters whose job is to minimize payouts. You need someone on your side who understands their tactics and can fight back effectively.
When you have an experienced attorney handling your case, insurance companies take your claim more seriously. They know they can’t use their usual tactics to pressure you into accepting an inadequate settlement.
At McCormick & Murphy, P.C., we’ve been dealing with insurance companies since 1995. With over 60 years of combined legal experience, we know their playbook inside and out.
Prevention: How Stores Can Keep Customers Safe
While this article is primarily about what to do when things go wrong, it’s worth talking about how stores can prevent falling merchandise accidents in the first place. Understanding these preventive measures can also help you recognize when a store is being negligent.
Proper Display Design
Weight Distribution: Displays should be designed with proper weight distribution in mind. Heavier items should be on lower shelves, and displays should be stable even when customers interact with them.
Height Limitations: There should be reasonable limits on how high merchandise is stacked, especially for items that customers need to reach.
Securing Systems: Displays should be properly anchored to walls or floors when necessary, and temporary displays should be weighted or secured to prevent tipping.
Employee Training Programs
Safety Awareness: All employees who stock shelves or create displays should be trained on safety considerations.
Proper Stocking Techniques: Employees need to understand weight limits, proper stacking methods, and how to recognize unstable displays.
Regular Inspections: Employees should be trained to regularly inspect displays and report any safety concerns to management.
Maintenance and Inspection Procedures
Regular Safety Inspections: Stores should have formal procedures for regularly inspecting their merchandise displays and shelving systems.
Prompt Repairs: When problems are identified, they should be fixed quickly or the area should be made safe for customers.
Documentation: Stores should keep records of their safety inspections and any repairs or modifications made to displays.
Technology Solutions
Monitoring Systems: Some stores use sensors or other technology to monitor the stability of displays and alert staff to potential problems.
Better Shelving Systems: Modern shelving systems often include safety features like automatic locking mechanisms and weight sensors.
Design Software: Computer programs can help stores design displays that are both attractive and safe.
Special Considerations for Different Types of Injuries
Not all falling merchandise injuries are the same, and different types of injuries present different legal and practical challenges. Let me walk you through some of the most common injury types and what makes them unique.
Traumatic Brain Injuries
Head injuries from falling merchandise can be particularly serious and complex. Here’s what makes TBI cases different:
Delayed Symptoms: Brain injury symptoms don’t always appear immediately. Someone might feel fine right after being hit in the head, only to develop serious problems days or weeks later.
Long-Term Impact: Brain injuries can have lasting effects on memory, cognition, personality, and quality of life. These impacts might not be fully understood for months or even years after the injury.
Complex Medical Evidence: TBI cases often require extensive medical documentation, including neurological testing, brain imaging, and neuropsychological evaluations.
I represented a client who was hit in the head by a falling tool at a hardware store. Initially, he seemed fine and even finished his shopping. But over the following weeks, he developed severe headaches, memory problems, and difficulty concentrating. It took almost a year of medical treatment before doctors fully understood the extent of his brain injury.
Spinal Cord Injuries
When people try to avoid falling merchandise or are struck by heavy items, spinal injuries can occur. These cases present unique challenges:
Immediate vs. Delayed Paralysis: Some spinal injuries cause immediate paralysis, while others might not show symptoms until swelling or other complications develop.
Life-Long Care Needs: Serious spinal injuries often require extensive ongoing medical care, adaptive equipment, and home modifications.
Vocational Impact: Spinal injuries frequently prevent people from returning to their previous jobs, requiring extensive vocational rehabilitation.
Psychological Trauma
Don’t underestimate the psychological impact of being injured by falling merchandise. Many clients develop:
Shopping Anxiety: Many people develop anxiety about shopping after being injured by falling merchandise. They might avoid certain stores or aisles, or feel nervous in retail environments.
Hypervigilance: Some people become excessively watchful for potential hazards while shopping, which can be mentally exhausting and interfere with normal activities.
Avoidance Behaviors: Beyond just shopping anxiety, some people start avoiding any situation that reminds them of their accident.
Sleep Problems: The trauma of being suddenly struck by falling merchandise can lead to sleep disturbances, nightmares, or other sleep-related issues.
Post-Traumatic Stress Disorder
In severe cases, people can develop full-blown PTSD after falling merchandise accidents. This is especially likely if:
- The accident was particularly frightening or severe
- The person thought they might die or be seriously injured
- They witnessed others being injured
- The accident triggered memories of previous traumatic events
PTSD symptoms can include flashbacks, nightmares, severe anxiety, and intrusive thoughts about the accident.
Impact on Daily Life
The psychological effects of falling merchandise accidents can really affect people’s daily lives:
Social Isolation: People who develop shopping anxiety might start avoiding social activities that involve retail environments.
Financial Impact: If someone can’t comfortably shop for necessities, they might have to pay for delivery services or ask others to shop for them.
Family Relationships: The stress and anxiety can affect relationships with family members and friends.
Work Performance: Anxiety and other psychological symptoms can affect job performance and attendance.
Treatment and Recovery
The good news is that psychological injuries from falling merchandise accidents are treatable. Common treatments include:
Cognitive Behavioral Therapy: This type of therapy can help people change thought patterns that contribute to anxiety and avoidance.
Exposure Therapy: Gradual, controlled exposure to retail environments can help people overcome shopping anxiety.
Medication: In some cases, anti-anxiety or antidepressant medications can be helpful.
Support Groups: Connecting with others who have had similar experiences can be therapeutic.
Legal Considerations
Psychological injuries are real damages that can be compensated in falling merchandise cases. However, they often require expert testimony from psychologists or psychiatrists to fully document.
Insurance companies sometimes try to minimize psychological injuries, arguing that they’re not “real” or that they’re not related to the accident. Having experienced legal representation is important to ensure that all aspects of your injury are properly valued and compensated.
The Role of Expert Witnesses
In falling merchandise cases, expert witnesses often play an important role in explaining technical concepts to judges and juries. Let me tell you about the different types of experts we might use and what they bring to your case.
Retail Safety Experts
These are professionals who understand the retail industry’s safety standards and can explain how a store’s practices deviated from accepted norms.
What They Do: Retail safety experts will examine the scene of your accident, review the store’s policies and procedures, and provide opinions about whether the store met industry standards for merchandise display safety.
Why They’re Important: Judges and juries don’t necessarily know what constitutes proper retail safety practices. An expert can explain these concepts in terms that make sense to laypeople.
Example: In one case, our retail safety expert was able to show that the store’s practice of stacking cases of soda 12 feet high without any restraining system violated multiple industry safety standards.
Engineering Experts
For cases involving structural failures or complex display systems, we might need an engineer to analyze what went wrong.
Structural Analysis: Engineers can determine whether shelving systems were properly designed and installed for their intended use.
Failure Analysis: When displays collapse or fail, engineers can often determine the exact cause and whether it was preventable.
Load Calculations: Engineers can calculate whether merchandise displays exceeded safe weight limits.
Biomechanical Experts
These experts help explain how your injuries occurred and why they’re consistent with the accident you described.
Injury Causation: Biomechanical experts can show that your injuries are consistent with being struck by falling merchandise.
Force Analysis: They can calculate the forces involved in your accident and explain why those forces would cause your specific injuries.
Economic Experts
For cases involving significant lost wages or future care needs, economic experts help calculate the financial impact of your injuries.
Lost Earning Capacity: If your injuries prevent you from earning what you could have before the accident, an economic expert can calculate this loss.
Life Care Planning: For serious injuries requiring ongoing care, these experts help determine the cost of future medical needs.
Time Limits and Legal Deadlines
One of the most important things to understand about falling merchandise cases is that you can’t wait forever to take legal action. Colorado law sets specific time limits for filing lawsuits, and missing these deadlines can mean losing your right to compensation entirely.
Statute of Limitations
In Colorado, you generally have two years from the date of your injury to file a lawsuit (this is called the statute of limitations). This might seem like a long time, but it goes by faster than you’d think, especially when you’re dealing with injuries and medical treatment.
When the Clock Starts: The two-year period typically begins on the date you were injured, not when you discovered the full extent of your injuries or when you finished medical treatment.
Discovery Rule: In some rare cases, the statute of limitations might not start running until you discover your injury or its cause. However, this exception is limited and doesn’t apply in most falling merchandise cases.
Why You Shouldn’t Wait
Even though you have two years to file a lawsuit, there are many reasons to start the legal process much sooner:
Evidence Preservation: Video footage gets deleted, witnesses forget what they saw, and physical evidence gets cleaned up or changed. The sooner we can start investigating your case, the better evidence we’ll be able to preserve.
Medical Documentation: It’s important to establish a clear connection between your accident and your injuries. The longer you wait to seek legal help, the harder it becomes to make this connection.
Store Policy Changes: Stores sometimes change their policies or procedures after accidents. If we wait too long, we might not be able to prove what the store’s practices were at the time of your accident.
Special Situations
There are some situations where different time limits might apply:
Government-Owned Stores: If you’re injured in a store owned by a government entity (like a commissary or government building retail space), different notice requirements and time limits might apply.
Minors: If a child is injured by falling merchandise, the statute of limitations might not begin running until they turn 18.
Discovery of Injury: In very rare cases where an injury isn’t discovered until later, the statute of limitations might start from the date of discovery rather than the date of the accident.
Comparative Negligence in Colorado
Here’s something important to understand about Colorado law: even if you contributed to your own accident in some way, you might still be able to recover compensation. Colorado follows what’s called “modified comparative negligence” rules.
How Comparative Negligence Works
Under Colorado’s comparative negligence law, your compensation can be reduced by the percentage of fault assigned to you, as long as you’re not more than 50% at fault for the accident.
Example: Let’s say a jury determines that your total damages are $100,000, but you were 20% at fault for the accident (maybe you were looking at your phone and didn’t notice warning signs). Your recovery would be reduced by 20%, so you’d receive $80,000.
The 50% Rule: If you’re found to be 51% or more at fault for your accident, you can’t recover anything under Colorado law.
Common Comparative Negligence Arguments
Stores and their insurance companies often try to shift blame to injured customers. Here are some common arguments they make:
“The Customer Bumped the Display”: Even if this is true, the question is whether a reasonable bump should cause merchandise to fall. If a display is so unstable that normal customer interaction causes it to collapse, the store might still be primarily at fault.
“The Customer Wasn’t Watching Where They Were Going”: Customers have a right to expect that they can shop without being struck by falling merchandise. Being distracted while shopping doesn’t necessarily make someone negligent.
“The Customer Should Have Seen the Danger”: This argument only works if the danger was obvious and the customer had a reasonable opportunity to avoid it.
Why This Matters for Your Case
Understanding comparative negligence is important because it affects both settlement negotiations and trial strategy. Insurance companies will often exaggerate your degree of fault to reduce their potential payout.
Having an experienced attorney who understands how to counter these arguments is really important. We know how to investigate cases thoroughly to show that the store’s negligence was the primary cause of your accident.
Working with McCormick & Murphy, P.C.
If you’ve been injured by falling merchandise in a Denver retail store, you need attorneys who understand both the legal complexities and the practical realities of these cases. Let me tell you about our approach and what you can expect when working with us.
Our Experience with Retail Injury Cases
McCormick & Murphy, P.C. was formed by Kirk R. McCormick and James “Jay” Murphy in 1995, and since 1990, both attorneys have specialized in personal injury and insurance bad faith cases. With over 60 years of combined legal experience, we’ve handled hundreds of premises liability cases, including many involving falling merchandise.
We understand the challenges clients and their families face following a personal injury. We’re dedicated to helping clients handle the frustrating legal process with personal care and attention, enabling them to move forward with their lives and recovery.
Our Contingent Fee Approach
We handle most personal injury claims on a contingent fee basis, which means attorney fees are only paid if and when a recovery is made for you. If there is no recovery through settlement or judgment, there is no fee.
This approach aligns our interests with yours – we only get paid when you get paid, so we’re motivated to get you the best possible result.
Our Investigation Process
When you hire us to handle your falling merchandise case, here’s what we’ll do:
Immediate Evidence Preservation: We’ll send preservation letters to the store immediately to make sure video footage and other evidence aren’t destroyed.
Thorough Scene Investigation: We’ll visit the accident scene, take photographs, and document the conditions that led to your injury.
Expert Consultation: We work with retail safety experts, engineers, and other specialists who can analyze your case and provide expert testimony if needed.
Medical Records Review: We’ll obtain all your medical records and work with medical experts to fully document your injuries and their impact on your life.
Our Settlement Negotiation Strategy
Insurance companies know that we’re prepared to take cases to trial if necessary, which gives us an advantage in settlement negotiations. We’ll negotiate aggressively on your behalf, but we’ll never pressure you to accept a settlement that doesn’t adequately compensate you for your injuries.
Our Trial Experience
While most cases settle out of court, we’re fully prepared to take your case to trial if that’s what it takes to get you fair compensation. We’ve been admitted to practice in Colorado state and federal courts, as well as other courts throughout the United States.
Colorado juries are generally fair to injured people when they can see that a store was negligent in maintaining safe premises. We know how to present these cases effectively to judges and juries.
Red Flags: When to Be Extra Careful in Stores
Based on my years of experience with falling merchandise cases, I’ve learned to recognize certain warning signs that suggest a store might not be taking safety seriously. Here are some red flags to watch out for when you’re shopping:
Display-Related Warning Signs
Towering Stacks: If you see merchandise stacked unusually high without any visible support or restraint system, be cautious. This is especially true for heavy items like canned goods, bottles, or appliances.
Wobbly Displays: If a display moves or shakes when you lightly touch it, that’s a bad sign. Stable displays should be able to handle normal customer interaction without wobbling.
Overloaded Shelves: Shelves that are sagging under the weight of merchandise are accidents waiting to happen. The weight might be exceeding the shelf’s design limits.
Temporary Displays in High-Traffic Areas: End-cap displays and temporary promotional setups in busy aisles can be problematic if they’re not properly secured.
Store Maintenance Issues
Damaged Shelving: Look for shelves with visible damage like bent brackets, cracked shelves, or loose connections. These are signs that the store isn’t keeping up with maintenance.
Inconsistent Stocking: If some areas of the store look professionally organized while others look haphazardly thrown together, it might indicate inconsistent safety standards.
Cluttered Aisles: Stores that allow merchandise to spill into aisles or create obstacles might not be prioritizing customer safety.
Employee Behavior
Unsafe Stocking Practices: If you see employees stacking merchandise in ways that look dangerous or unstable, it suggests inadequate training.
Ignoring Spills or Hazards: Employees who walk past obvious safety hazards without addressing them indicate a store culture that doesn’t prioritize safety.
Rushing: Employees who are clearly rushing to stock shelves or create displays might be cutting corners on safety.
Technology and Modern Retail Safety
The retail industry has access to more safety technology than ever before, and stores that fail to use these tools might be falling behind industry standards.
Modern Shelving Systems
Automatic Locking Mechanisms: Some modern shelving systems include locks that prevent shelves from being accidentally dislodged or removed.
Weight Sensors: Advanced systems can monitor the weight on shelves and alert staff when weight limits are being exceeded.
Anti-Tip Technology: Display fixtures can be equipped with anti-tip mechanisms that prevent them from falling over even if bumped or pulled.
Monitoring and Alert Systems
Stability Sensors: Some stores use sensors that can detect when displays are becoming unstable and alert staff to potential problems.
Video Analytics: Advanced security camera systems can be programmed to detect falling merchandise or unstable displays and alert staff immediately.
Mobile Apps: Some retail chains use mobile apps that allow employees to quickly report safety hazards and track repairs.
Design Software
Load Calculation Programs: Software can help stores design displays that are both attractive and safe by calculating weight distribution and stability factors.
3D Modeling: Stores can test display designs virtually before implementing them in the real world.
Safety Compliance Tracking: Programs can help stores track their compliance with safety standards and identify areas that need attention.
The Psychological Impact of Retail Injuries
One aspect of falling merchandise injuries that often gets overlooked is the psychological impact. These accidents can be traumatic experiences that affect people long after their physical injuries heal.
Common Psychological Reactions
Shopping Anxiety: Many people develop anxiety about shopping after being injured by falling merchandise. They might avoid certain stores or aisles, or feel nervous in retail environments.
Hypervigilance: Some people become excessively watchful for potential hazards while shopping, which can be mentally exhausting and interfere with normal activities.
Avoidance Behaviors: Beyond just shopping anxiety, some people start avoiding any situation that reminds them of their accident.
Sleep Problems: The trauma of being suddenly struck by falling merchandise can lead to sleep disturbances, nightmares, or other sleep-related issues.
Post-Traumatic Stress Disorder
In severe cases, people can develop full-blown PTSD after falling merchandise accidents. This is especially likely if:
- The accident was particularly frightening or severe
- The person thought they might die or be seriously injured
- They witnessed others being injured
- The accident triggered memories of previous traumatic events
PTSD symptoms can include flashbacks, nightmares, severe anxiety, and intrusive thoughts about the accident.
Impact on Daily Life
The psychological effects of falling merchandise accidents can really affect people’s daily lives:
Social Isolation: People who develop shopping anxiety might start avoiding social activities that involve retail environments.
Financial Impact: If someone can’t comfortably shop for necessities, they might have to pay for delivery services or ask others to shop for them.
Family Relationships: The stress and anxiety can affect relationships with family members and friends.
Work Performance: Anxiety and other psychological symptoms can affect job performance and attendance.
Treatment and Recovery
The good news is that psychological injuries from falling merchandise accidents are treatable. Common treatments include:
Cognitive Behavioral Therapy: This type of therapy can help people change thought patterns that contribute to anxiety and avoidance.
Exposure Therapy: Gradual, controlled exposure to retail environments can help people overcome shopping anxiety.
Medication: In some cases, anti-anxiety or antidepressant medications can be helpful.
Support Groups: Connecting with others who have had similar experiences can be therapeutic.
Legal Considerations
Psychological injuries are real damages that can be compensated in falling merchandise cases. However, they often require expert testimony from psychologists or psychiatrists to fully document.
Insurance companies sometimes try to minimize psychological injuries, arguing that they’re not “real” or that they’re not related to the accident. Having experienced legal representation is important to ensure that all aspects of your injury are properly valued and compensated.
Industry Trends and Future Improvements
The retail industry is slowly getting better at preventing falling merchandise accidents, driven by both legal liability concerns and genuine interest in customer safety. Here are some trends I’m seeing:
Improved Training Programs
Standardized Safety Training: More retail chains are implementing standardized safety training programs that all employees must complete.
Regular Refresher Training: Instead of just training employees once, many stores now require regular safety refresher courses.
Incident-Based Learning: Some companies use their own accident data to improve training programs and identify common problem areas.
Better Design Standards
Engineering Input: More stores are consulting with engineers when designing major displays or shelving systems.
Safety-First Design: There’s a growing trend toward designing displays that prioritize safety even if it means they’re less visually striking.
Standardized Displays: Chain stores are moving toward more standardized display systems that have been thoroughly tested for safety.
Enhanced Inspection Procedures
Formal Inspection Schedules: More stores are implementing formal, documented inspection schedules for their displays and shelving.
Third-Party Safety Audits: Some retailers hire outside companies to conduct safety audits and identify potential problems.
Technology-Assisted Inspections: Tools like tablets and smartphones are being used to make safety inspections more thorough and consistent.
Legal and Regulatory Changes
Increased Liability: Courts are generally becoming more willing to hold stores accountable for falling merchandise accidents.
Industry Standards: Professional organizations are developing more detailed safety standards for retail merchandise display.
Insurance Requirements: Insurance companies are requiring better safety procedures as a condition of coverage.
What Makes a Strong Falling Merchandise Case
After handling many of these cases over the years, I’ve learned what elements make for a strong falling merchandise claim. Understanding these factors can help you evaluate your own situation.
Clear Evidence of Store Negligence
The strongest cases are those where we can clearly show that the store failed to meet reasonable safety standards. This might include:
Violation of Industry Standards: If we can show that the store’s display practices violated accepted industry safety standards, that’s powerful evidence of negligence.
Failure to Follow Own Policies: Sometimes stores have good safety policies on paper but fail to follow them in practice. This can be compelling evidence.
Previous Similar Incidents: If the store has had similar accidents in the past but failed to take corrective action, that shows a pattern of negligence.
Expert Testimony: Having qualified experts explain why the store’s practices were unreasonable strengthens your case significantly.
Serious and Well-Documented Injuries
Medical Documentation: Strong medical records that clearly connect your injuries to the accident are key.
Objective Evidence: Injuries that can be seen on X-rays, MRIs, or other diagnostic tests are generally easier to prove than subjective complaints.
Consistent Treatment: Following your doctor’s treatment recommendations and attending all appointments helps show that your injuries are genuine and serious.
Impact Documentation: Records showing how your injuries have affected your work, daily activities, and quality of life strengthen your case.
Reliable Witnesses
Disinterested Witnesses: The best witnesses are people who saw what happened but have no relationship to either you or the store.
Multiple Witnesses: Having more than one person who saw the accident makes it harder for the store to dispute what happened.
Consistent Accounts: When witnesses tell similar stories about what they saw, it adds credibility to your case.
Preserved Evidence
Video Footage: Security camera footage of the accident is incredibly valuable when it’s available.
Photographs: Pictures of the scene, the fallen merchandise, and your injuries help tell the story of what happened.
Physical Evidence: Sometimes the actual merchandise that fell or pieces of broken display fixtures can be important evidence.
Prompt Legal Action
Early Investigation: The sooner we can start investigating your case, the better evidence we’re likely to preserve.
Timely Medical Treatment: Seeking prompt medical attention helps establish the connection between your accident and your injuries.
Documentation: Keeping good records of your medical treatment, lost wages, and other damages makes your case stronger.
Common Mistakes That Can Hurt Your Case
Over the years, I’ve seen people make certain mistakes that can weaken their falling merchandise cases. Here are some things to avoid:
Delaying Medical Treatment
“I’ll Wait and See”: Some people think their injuries aren’t serious and delay getting medical attention. This can hurt your case in two ways: it can make your injuries worse, and it gives the insurance company an argument that your injuries weren’t caused by the accident.
Inconsistent Treatment: Skipping appointments or failing to follow your doctor’s recommendations can be used against you to argue that your injuries aren’t as serious as you claim.
Social Media Mistakes
Posting About Activities: If you post pictures of yourself doing activities that seem inconsistent with your claimed injuries, the insurance company will use them against you.
Discussing Your Case: Don’t post about your accident or legal case on social media. Anything you post can potentially be used as evidence.
Privacy Settings: Even if you think your posts are private, they might be discoverable in litigation.
Talking to Insurance Companies
Giving Recorded Statements: Insurance adjusters often ask for recorded statements before you’ve talked to an attorney. These statements are almost never helpful to your case.
Accepting Quick Settlements: Early settlement offers are usually far below what your case is actually worth, but once you accept, you can’t go back and ask for more.
Admitting Fault: Even casual comments like “I should have been more careful” can be used against you later.
Failing to Document Everything
Not Taking Pictures: If you don’t document the scene and your injuries immediately, that evidence might be lost forever.
Not Getting Witness Information: Witnesses might be impossible to find later if you don’t get their contact information at the scene.
Not Keeping Records: Failing to keep track of your medical expenses, lost wages, and other damages makes it harder to prove your case.
Waiting Too Long to Get Legal Help
Evidence Disappears: The longer you wait, the more likely it is that important evidence will be lost or destroyed.
Witnesses Forget: People’s memories fade over time, making their testimony less reliable.
Statute of Limitations: If you wait too long, you might lose your right to file a lawsuit entirely.
Final Thoughts: Your Rights and Your Recovery
If you’ve made it this far, you probably have a pretty good understanding of falling merchandise accidents and the legal issues surrounding them. Let me leave you with some final thoughts about your rights and what you should do if you find yourself in this situation.
You Have Rights
First and foremost, remember that as a customer in a retail store, you have the right to expect that the store will maintain its premises in a reasonably safe condition. This includes properly securing merchandise so it doesn’t fall on you.
When stores fail to meet this responsibility and you get hurt as a result, you have the right to seek compensation for your injuries. Don’t let anyone tell you that these accidents are just “part of life” or that you should just accept what happened.
Every Case Is Different
While I’ve tried to give you a complete overview of falling merchandise cases, every situation is unique. The specific facts of your case, the nature of your injuries, and the applicable laws all affect how your case might proceed.
That’s why it’s so important to consult with an experienced personal injury attorney who can evaluate your specific situation and give you advice tailored to your circumstances.
Time Is Important
If you’ve been injured by falling merchandise, don’t wait to take action. Evidence disappears, witnesses forget what they saw, and there are legal deadlines that can’t be extended.
At the same time, don’t rush into accepting a quick settlement without understanding the full extent of your injuries and your legal rights.
You Don’t Have to Face This Alone
Dealing with injuries from a falling merchandise accident can be overwhelming. You’re dealing with pain, medical bills, lost wages, and insurance companies that don’t seem to have your best interests at heart.
You don’t have to handle this alone. Experienced personal injury attorneys like those at McCormick & Murphy, P.C. can handle the legal aspects of your case while you focus on your recovery.
Focus on Your Recovery
Your health should be your top priority after any accident. Follow your doctor’s recommendations, attend all your appointments, and don’t try to rush back to activities before you’re ready.
Taking care of your health isn’t just important for your recovery – it also helps your legal case by showing that your injuries are genuine and that you’re taking them seriously.
Know When to Get Help
If you’ve been injured by falling merchandise in a Denver retail store, you should consider consulting with an attorney if:
- Your injuries required medical treatment
- You missed work because of your injuries
- The store’s response was inadequate or dismissive
- You’re being contacted by insurance companies
- You have questions about your rights
At McCormick & Murphy, P.C., we offer free consultations for personal injury cases, so you can get professional advice about your situation without any upfront cost. You can reach us at (720) 782-8595 or visit us at our office at 1547 N Gaylord St UNIT 303, Denver, CO 80206.
Looking Forward
While being injured by falling merchandise is never a pleasant experience, many people are able to recover fully and move on with their lives. With proper medical treatment and, when necessary, fair compensation for your injuries, you can get back to the things that matter most to you.
The retail industry is slowly getting better at preventing these accidents, but until all stores take safety seriously, accidents will continue to happen. When they do, knowing your rights and having experienced legal help can make all the difference in your recovery.
Remember, you didn’t ask to be injured, and you shouldn’t have to bear the financial burden of someone else’s negligence. If a store’s carelessness caused your injuries, they should be held responsible for the consequences.
Your case matters, your injuries are real, and you deserve to be treated fairly. Don’t let anyone convince you otherwise.
If you’re dealing with injuries from falling merchandise, please don’t hesitate to reach out for help. We’re here to answer your questions, explain your rights, and fight for the compensation you deserve. You can find more information about our services and read reviews from other clients through our professional services profile.
Take care of yourself, and remember – you don’t have to face this alone.
