Can a Store Be Liable for Falling Merchandise Injuries?

Large retail stores often stack merchandise high on shelves or display racks to maximize floor space, especially in warehouse-style retailers and big-box chains. While this may seem harmless, it creates real dangers when products are unstable or improperly secured.

If you’ve suffered a store injury from a falling object, you may be wondering whether the store can be held legally responsible. A knowledgeable Tampa premises liability lawyer from Fulgencio Law can help you understand your rights under retail liability in Florida.

How Falling Merchandise Accidents Happen

In busy stores near Tampa landmarks like International Plaza, WestShore Plaza, or the bustling Westfield Citrus Park, employees frequently restock shelves while customers shop. Merchandise might be placed too close to the edge, stacked too high, or left unsecured.

Common causes include:

• Improper stacking or overloading: Heavy items like boxes of appliances or bulk paper goods are placed above eye level without proper support.
• Unsecured shelving: Poorly anchored shelves or hooks fail when bumped by carts or customers.
• Negligent restocking practices: Workers rush to stock items without using safety equipment or barriers.

Even small items can cause injuries if they strike someone’s head, neck, or shoulders, and heavier objects can result in severe harm.

The Legal Basis for Store Liability

Retail liability laws in Florida state that store owners and managers have a legal duty to maintain their premises in a reasonably safe condition for customers. This includes ensuring merchandise is safely stored and does not pose a hazard.

To hold a store accountable, you must generally prove:

• Duty of care: The store had a responsibility to ensure the merchandise was secured safely.
• Breach of duty: Employees or management failed to follow safe storage or stacking procedures.
• Causation: The unsafe condition directly caused the falling merchandise accident.
• Damages: You suffered actual harm, such as medical bills, lost wages, or pain and suffering.

Proving Negligence After a Falling Merchandise Injury

Evidence is key in a store injury from a falling object claim. A Tampa premises liability lawyer will often work to:

• Review surveillance footage to see how the merchandise was stacked before the accident.
• Interview witnesses, including other shoppers or employees.
• Examine store policies and past safety violations.
• Retain experts to testify about proper retail safety standards.

Florida’s comparative negligence laws mean that even if a customer is partially at fault, such as pulling on a shelf, they may still recover compensation, though the award could be reduced.

Types of Injuries From Falling Merchandise

These incidents can cause anything from minor scrapes to life-altering injuries. Common examples include:

• Head trauma: Concussions, lacerations, or even skull fractures.
• Neck and back injuries: Herniated discs, sprains, or nerve damage.
• Broken bones: Especially in the arms, wrists, or shoulders, from trying to block the object.

In busy Tampa stores near Dale Mabry Highway or East Fowler Avenue, a sudden accident in a crowded aisle can also lead to secondary injuries from falls or collisions with other shoppers.

Steps to Take Immediately After the Accident

If you’ve been injured by falling merchandise:

• Seek medical attention right away: Document your injuries with a professional evaluation.
• Report the accident to store management: Request a written incident report.
• Take photos or videos: Capture the shelf or display as it appeared at the time of the accident.
• Get witness contact information: Their statements may be crucial later.

Talk to a Tampa Premises Liability Lawyer from Fulgencio Law

Under retail liability in Florida, stores can and should be held responsible when unsafe stocking practices lead to injuries. Victims of a store injury from a falling object have the right to seek compensation for their losses.

If you’ve been injured in a store in Tampa, whether shopping near Bayshore Boulevard, in Ybor City, or at a big-box retailer off I-275, our skilled Tampa premises liability lawyer can guide you through the legal process.

Call Fulgencio Law at (813) 463-0123 for a free consultation today. We’ll help you understand your rights, gather the evidence you need, and fight for the compensation you deserve.