Miami Falling Merchandise Attorney

If you’ve been injured in a store, you can call this Miami Falling Merchandise Lawyer for help. Merchandise refers to the items being sold in a store. While stores can be fun places to shop, they can also be dangerous. Merchandise frequently falls off of the “rack”/shelves in stores and hits customers, causing injuries.

Objects may fall in stores for any number of reasons. For example, employees may actually drop merchandise themselves, causing customers to be hit and causing injuries.

Additionally, merchandise may not be property “secured.” That is, particularly in the case of heavy merchandise, objects in stores may need to be tied or strapped down. If they aren’t properly secured and they fall on customers as a result causing injuries, then those customers may be able to pursue personal injury cases. Those cases would be referred to as cases of premises liability.

Should you be hurt due to falling merchandise in Florida (including in Broward County, Fort Lauderdale, Palm Beach County, and West Palm Beach), call Mr. Quackenbush at 954-448-7288. You can get compensation for your injuries alongside this Miami Falling Merchandise Law Firm. For free, Mr. Quackenbush will talk about your case if you call today.

Many people believe that, if you are hurt on the property of another person or entity, you will automatically be entitled to compensation. Unfortunately, this isn’t true. In fact, you will only be entitled to compensation if you are able to prove that the property owner had actual knowledge of the dangerous condition that caused your accident and injuries. After all, it wouldn’t be fair to hold the property owner accountable for something that it didn’t know about.

In the context of falling merchandise, you will only be able to recover compensation for your injuries if you’re able to show that the property owner had “notice” that the merchandise was liable to fall. This can come in the form of “actual notice” or “constructive notice.”

You will be able to prove actual notice if you can show that the property owner (or its employees) actually knew that the merchandise was liable to fall. For example, if an employee of the property owner put an object in a precarious position on a shelf and the object later fell and hurt a customer, then the property owner will be deemed to have actual notice of the dangerous condition. In that case, you will be able to pursue a premises liability case against the property owner.

On the other hand, even if the property owner didn’t actually know of the dangerous condition, you may be able to prove that the owner had “constructive notice” of the dangerous condition. To prove constructive notice, you will need to show that the property owner should have known of the dangerous condition. You can do this by showing that the dangerous condition existed for a long enough time period that the property owner should have detected and fixed it.

For example, if an object in a store was hanging in a precarious position for a long period of time and then eventually fell on a customer, you may be able to prove that the property owner had constructive notice of the dangerous condition. In that case, the property owner will be liable for your injuries. After all, if the property owner had a long enough time to fix the dangerous condition but didn’t do so, then the owner should compensate anybody that gets hurt as a result.

Call Mr. Quackenbush at 954-448-7288 if you’ve been hurt due to falling merchandise in Miami-Dade County (which includes Aventura, Coral Gables, Cutler Bay, Doral, Florida City, Hialeah, Hialeah Gardens, Homestead, Key Biscayne, Miami Beach, Miami Gardens, Miami Lakes, North Miami, North Miami Beach, Opa-Locka, Palmetto Bay, Pinecrest, South Miami, and Sunny Isles Beach).