Content reviewed by:
Alex Shulman
Yes, a store is liable for falling merchandise injuries in New York. However, the level of responsibility will depend on the circumstances of the case. If the store’s negligence led to the injury, premises liability laws may apply, and you could potentially submit a compensation claim.
However, this isn’t always a given. If the store took all necessary safety precautions, the business may not be held responsible. And if a separate party was involved, such as another customer, the store’s liability may be limited.
That’s why it’s important for you to understand the full scope of the incident before starting your claim. A New York premises liability lawyer can help you determine liability, secure your evidence, negotiate a settlement, and explain your legal rights.
When Is a Store Liable for Falling Merchandise Injuries?
Under New York premises liability law, a store is liable for injuries from falling merchandise when its owners, managers, or employees fail to act in accordance with their duty of care.
Here are some examples of what this might look like:
- Stacking merchandise unsafely, such as placing items too high or overstocking shelves
- Using unstable or broken displays
- Failing to secure heavy or oversized items
- Ignoring a known hazard instead of correcting it or warning customers
- Training employees poorly on proper restocking procedures
- Failing to post warning signs when reshelving is taking place
If negligence has created an unsafe environment and a customer is injured as a direct result, the store may be held responsible. New York personal injury lawyers can review your case and tell you whether you have a claim on your hands.
Who Else May Be Liable for Falling Merchandise Injuries?
In this type of accident, there may be several responsible parties. This can make your case more complicated, but it could increase the amount of compensation you’re owed.
Aside from the store, other liable parties may include:
- Store managers or supervisors who fail to uphold proper safety procedures
- Third-party contractors responsible for assembling and maintaining the displays
- Product manufacturers, if the packaging contributed to the item falling
- Another customer, if their actions caused the merchandise to fall
If multiple parties were involved in your falling merchandise injury, fault may be divided based on their share of blame. This will require a detailed investigation to establish liability, which a skilled lawyer can handle.
How Liability Is Determined Under New York Law
Liability is often decided based on who or what caused your injury. So, if the store created hazardous conditions or failed to meet adequate safety standards, it will likely be held responsible.
However, New York follows CPLR § 1411 comparative negligence rules. This means that even if you were partially at fault for your falling merchandise injury, you can still claim compensation. Just know that your settlement will be reduced by your percentage of fault.
For example, if you are awarded $20,000 in compensation but are found to be 10% at fault, your overall recovery amount may be reduced by $2,000. So, you’d walk away with $18,000 instead of $20,000. This will only happen if you are also at fault; otherwise, liability will fall entirely on the responsible party.
What You Should Do After a Falling Merchandise Injury
If you’ve been hurt by a heavy item falling from the top shelf of your local store, there are several steps you can take to protect your rights.
You should:
- Get medical assistance as soon as possible. Even if your injury is minor, you should have a medical professional take a look. Medical reports will also help to support your claim later.
- Report the incident. Make sure the store manager knows what happened and provides a copy of the written incident report. This official documentation will form an important part of your claim.
- Gather your evidence. If possible, take pictures of your injuries and the scene, including any faulty shelving units or other dangerous conditions. Get witness statements and contact details.
- Avoid discussing fault. Saying the wrong thing, even by accident, may be held against you. Keep all your statements factual and avoid speculation, especially when speaking to insurers.
- Speak to a premises liability lawyer. Getting legal advice on your situation can help determine liability and simplify the entire process. An attorney will handle all paperwork and communications and negotiate a fair settlement on your behalf.
Being hit by falling merchandise can be startling, and when it causes injury, it’s even more stressful. Knowing which steps to take and who to turn to for support will make everything a little less daunting.
Get Help From a Qualified New York Premises Liability Lawyer
So, is a store liable for falling merchandise injuries? It depends on the situation. But an experienced attorney can help you figure out who is responsible and what you need to do to get the compensation you’re entitled to.
Shulman & Hill is based in Manhattan, with offices across all boroughs. We combine big-city experience with easy, local access for all our clients and have already recovered over $1 billion in compensation. Our lawyers have significant experience with New York premises liability laws and can handle a range of high-stakes cases.
Find out how much it costs to hire a lawyer for your falling merchandise injury case, or contact us today to schedule a free case review.