Big-box stores, hardware stores, grocery stores, and warehouse retailers all stack heavy merchandise high above customers. When a box, can, tool, or product falls, the resulting injuries — head trauma, fractures, lacerations, back injuries — can be severe. The legal question is whether the store should have foreseen and prevented the risk.
The Detailed Answer
Delaware premises liability law applies to falling-merchandise cases as it does to other store injuries, with some specific considerations for how merchandise was handled.
The Store’s Duty
Stores generally must:
- Stack merchandise safely, considering weight, balance, and customer access
- Use restraints, dividers, or safety bars where appropriate
- Train employees in safe stocking practices
- Inspect displays regularly and address known hazards
- Avoid placing heavy items high above the floor where they may topple
- Limit customer access to high-storage areas in warehouse-style stores
Common Causes of Falling-Merchandise Injuries
- Items stacked too high without restraint
- Heavy items placed above eye level
- Products bumped by employees moving stock
- Customers reaching for items dislodging others
- Items not properly secured on display fixtures
- Forklifts or pallet jacks operated unsafely while customers are in the area
- Damaged or overloaded shelving
Foreseeability
The foreseeability analysis often focuses on whether the store knew customers would reach for items, whether prior incidents had occurred with similar displays, and whether industry-standard safety practices were followed. Warehouse-style retailers face heightened scrutiny because of the weight and height of their typical displays.
The Customer’s Conduct
Modified comparative negligence under 10 Del. C. § 8132 may apply if the customer’s actions contributed to the fall. Reaching for an item is not generally negligent — that is what the store invites customers to do — but pulling out a structural piece or climbing on shelving may shift the analysis.
Documentation
Photographs of the display, the fallen merchandise, the surrounding stock, and any visible signs or warnings all help build the case. Surveillance video may show how the merchandise was originally stacked. Employee statements about the store’s stocking procedures can reveal whether internal protocols were followed.
What This Means for Your Case
If falling merchandise injured you at a Delaware store, document the scene immediately, ask for an incident report, and seek medical care. The injuries — particularly head and back injuries — may be more serious than they appear initially. Delaware’s two-year statute of limitations at 10 Del. C. § 8119 applies, and the case may proceed in parallel against the store and any other responsible parties such as the company that designed or installed the shelving.
Related Questions
Q: What if the store says I caused it by pulling on something?
The store will often try to shift blame to the customer. The analysis depends on whether the customer’s actions were a reasonably foreseeable use of the display, and whether the store should have prevented the hazard.
Q: What if it was another customer who knocked the items down?
Stores may still be liable if the display itself was unreasonably unstable, even when a third party initiated the fall. The third party may also be a defendant.
Q: What if I had a child with me who was hurt?
Child cases involve special considerations. The two-year statute of limitations is generally tolled for minors, and Delaware courts approve minor settlements to protect the child’s interests.
When to Talk to a Delaware Premises Liability Lawyer
Falling-merchandise cases reward fast documentation of the display and prompt review of available video. Joseph M. Jachetti — Delaware Bar #003744 — has experience handling Delaware premises liability claims and previously spent ten years as an insurance claims adjuster. Read about Joseph, our slip and fall practice, and related questions like falling at a store and how to prove a premises case.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.