If falling merchandise caused your accident, it is imperative that you understand whether or not you have the right to sue for damages. Continue reading and consult with a knowledgeable Bergen County injury lawyer today.
What is Premises Liability?
New Jersey Statute 2A:42A-8.1 outlines premises liability. This is a legal concept that holds property owners responsible for the safety of their lawful guests and visitors. Property owners, lessees, and occupants of premises are legally obligated to provide visitors with a reasonably safe environment, free from unnecessary dangers.
This law includes wholesale, department, and retail stores. When a store owner does not stock inventory correctly or properly train employees to do so, merchandise can come crashing down, causing accidents and injuries to customers. If their negligence causes the fall, they are legally responsible for the damages, per premises liability law.
Can I Sue if Falling Merchandise Caused My Accident?
Yes, if falling merchandise caused your accident, you can likely sue the store for compensation. Retailers have a legal responsibility to maintain safe environments for guests, and when they fail to do so, you may be entitled to damages.
If you can prove that the store manager, property owner, or an employee’s negligence caused your accident and injury, you could recover the following types of compensation and more through a personal injury lawsuit.
- Medical expenses like hospital stays, surgeries, medication, physical therapy, future care, etc.
- Loss of income from time taken off work to recover, or a limited earning capacity
- Physical pain and suffering experienced from the injury
- Emotional distress, like the development of depression, anxiety, PTSD, or other mental disorders
- Loss of enjoyment of life from the limitations the injury has caused
- Property damage, if any personal property was impacted by the accident
Through a personal injury lawsuit or insurance claim, you can collect the above and more. However, it is important that you understand you bear the burden of proof in your case.
How Can I Win My Case?
If you were injured by falling merchandise in a store, you must be able to demonstrate how the store caused your accident before you can collect compensation. This is often done by establishing the four elements of negligence.
- Duty of care: The store owed you a duty of care to keep the environment safe
- Breach of duty: The owner’s or employee’s actions breached the duty of care
- Causation: The breach of duty directly caused or contributed to your accident and injuries
- Damages: You sustained real losses and damages as a result of the accident
Relevant evidence to prove these elements may include security footage, photographs, eyewitness testimony, medical records, incident reports, and more.
If you are pursuing a personal injury claim or lawsuit against the store, it is important that you are adequately represented. For more information and to obtain skilled legal counsel, reach out to an experienced attorney at Feitlin, Youngman, Karas & Gerson, LLC today.
