A shopping trip should be pleasurable – or at least routine and safe. A customer who enters a retail establishment to purchase or “window shop” should not need to worry about unsafe conditions. However, accidents happen regularly in malls, big box stores, warehouse stores, and other retail establishments. People who have been involved in these accidents should contact an attorney who can help review the circumstances that led to the accident and advise the injured person as to whether legal action against the store owner is likely to be a good strategy. If you need to talk to an experienced Raleigh premises liability attorney about a falling merchandise accident, Maurer Law is here to assist you.Asserting Your Rights After an Accident Caused by Falling Merchandise
With regard to people who have a right to be on someone else’s property, such as a shopper in a store, certain duties of care are owed by the business owner. The business owner has a duty to take reasonable measures to avoid injuries to customers caused by known dangers or dangers of which the landowner would be aware by making regular, reasonable inspections. In individual cases, the court may determine that a more specific duty was owed under the circumstances. For instance, in a particular case, the court may hold that a large warehouse store has a duty to close off an aisle while clerks are restocking merchandise on a high shelf because it is foreseeable that some of the merchandise might fall and hit a customer.
While the issue of duty is a usually a legal question, the question of whether the duty was breached is most often a factual inquiry to be determined by a thorough analysis of the evidence provided by both sides. The burden is on the plaintiff to provide proof of these elements, as well as the elements of damages and causation, by a preponderance of the evidence. If the defendant asserts a defense such as contributory negligence, which means that the plaintiff caused or partly caused the accident, the defendant has the burden of proof with regard to establishing that defense.
Falling merchandise accident cases take time to investigate and prepare for trial. If you or a family member has been hurt in such an accident, you should contact an attorney as soon as you can. Too many people “wait and see” what the defendant will do, hoping for a fair settlement without an attorney’s involvement. This does not usually happen because the store or its insurance company will generally make every attempt to avoid liability rather than taking responsibility for its failure to act in a reasonably prudent manner.Retain a Premises Liability Attorney in Raleigh
Being struck by falling merchandise may cause brain injuries, broken bones, and other forms of serious harm. Victims may be able to recover compensation for medical costs, lost income, pain and suffering, and other damages. To schedule a free appointment with a dedicated Raleigh premises liability lawyer, call Maurer Law today at (919) 229-8359 or contact us online. We help people who need an injury lawyer throughout North Carolina, including in Durham, Fayetteville, Charlotte, Rocky Mount, Greensboro, Wilmington, Chapel Hill, Asheville, and Wake Forest, as well as other areas of Cumberland, Durham, Mecklenburg, Edgecombe, Guilford, New Hanover, Orange, Randolph, and Wake Counties.