Ohio Injury Due to Fallen Merchandise Slip and Fall: Personal Injury Lawyers
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Fallen Merchandise in Retail Stores Slip and Fall Injury throughout the State of Ohio.
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Ohio Fallen Merchandise Attorney: Injured by Products Falling from Shelves?
When merchandise is improperly stacked, overloaded, or negligently stored on high shelves in a retail environment, it transforms a simple shopping trip into a serious risk. Injuries caused by fallen merchandise can be catastrophic, often resulting in severe head, neck, and shoulder trauma.
Retail stores and large "big box" corporations have a clear duty of care to secure their inventory safely. If you were injured by merchandise falling from shelves at an Ohio business, our experienced Personal Injury Attorney team is ready to hold the negligent store accountable through a comprehensive premises liability claim.
Premises Liability and Negligent Stacking Under Ohio Law
Under Ohio premises liability law, retailers owe their customers (invitees) the highest duty of ordinary care. This duty is breached when employees or managers fail to follow safe stocking practices, creating a foreseeable danger of merchandise falling.
In cases involving fallen merchandise, proving liability often focuses on how the hazard was created (Creation of Hazard) or how long the dangerous condition was known (Notice):
- Employee-Created Hazard: An employee, while stocking, created the danger by improperly stacking items, overloading shelves, or failing to secure inventory. In such cases, the store has Actual Notice of the hazard the moment it is created.
- Defective Fixtures: The store may be liable if the shelving unit itself was defective, broken, or improperly installed, leading to the instability of the stored products.
- Failure to Inspect: Even if another customer bumped the shelf, the business may be held liable if the precarious stacking condition existed for such a length of time that a reasonable inspection should have detected the imminent danger (Constructive Notice).
Countering Store Defenses in Falling Product Claims
Retailers will aggressively defend these cases, often arguing the accident was unforeseeable or the result of a customer's action. We challenge these defenses by focusing on the store's systemic negligence:
- Foreseeability: We argue that in retail, especially in "big box" stores that stack heavy inventory high above aisles, the risk of merchandise falling is a foreseeable hazard inherent to their business model, requiring extreme vigilance.
- Negligence Per Se: If the stacking or storage methods violate specific safety regulations (such as OSHA guidelines adopted by the store or local fire codes), this can provide strong evidence of negligence.
- Open and Obvious Doctrine: This defense rarely applies to falling merchandise because the hazard (the instability of the product) is often hidden from the customer, who has no way to judge the safety of the product stacking twenty feet above their head.
Evidence Collection & Recovering Damages in Ohio
The severity of fallen merchandise injuries demands immediate and thorough legal action. We move quickly to secure critical evidence:
- Security Footage: Obtaining surveillance video showing the stocking procedures and the moment the merchandise fell.
- Training Manuals: Reviewing the store's internal safety procedures to prove the staff acted contrary to established safe stacking protocols.
- Expert Testimony: Consulting with retail safety experts to analyze shelf capacity, stacking techniques, and overall store design.
Under Ohio's Modified Comparative Negligence law (R.C. 2315.33), we ensure that the focus remains on the store's duty to safely manage its inventory, maximizing your ability to recover compensation for severe injuries (including concussions, fractures, and neck trauma).
The statute of limitations (R.C. 2305.10) is typically two years from the date of the injury. Do not delay; the key evidence in these cases can be quickly lost or destroyed.
Contact Our Ohio Personal Injury Attorneys Today
If you were seriously injured by merchandise falling from a shelf while shopping in an Ohio business, contact our dedicated legal team for assistance.