If you’ve been seriously hurt by falling merchandise,
call us today to get the compensation you deserve.
Despite retail warehouse businesses’ knowledge that high stacking of merchandise creates a dangerous condition with risk of serious injury to customers, and despite mounting injuries from falling merchandise, many stores have done little to address this problem. Retail warehouse businesses often refuse to take responsibility or acknowledge that high stacking of merchandise is dangerous. In fact, in some recent American cases, Home Depot and Wal-Mart have gone on record blaming customers for injuries sustained by falling merchandise. These businesses claimed people should have know the risks associated with shopping in a warehouse-style retail store.
If you have suffered life-changing injuries due to falling merchandise, call us today at 905-333-8888 to learn your rights. Our consultations are free and we never ask for money upfront.
The legal issues pertaining to a falling merchandise case fall within general principles of what we call Occupier Liability law in Ontario. Occupier Liability law embraces the liability of owners or occupiers of establishments for injuries sustained by visitors. The law recognizes that merchants have a duty to customers to exercise reasonable care to keep their premises in a reasonably safe condition, and to give warnings of unsafe conditions insofar as that condition is known or should have been known by the exercise of reasonable care and reasonable inspection.
It has been well-established in Ontario for decades that a merchants owe a duty to its customers to keep its businesses, the aisles, passages, and other public places in a reasonably safe condition and to use ordinary care to avoid accidents or injuries to its customers. Merchants who know of, or by reasonable care, could discover, a condition upon their property that they should foresee exposes their customers to an unreasonable risk or danger, and who have no basis for believing that their customers will discover the condition or realize the risk involved, must exercise ordinary care either to make the condition reasonably safe for the customer’s use or to give warning adequate to enable customers to avoid harm. In fact, Judges in various past cases have clearly explained the duties owed by retail warehouse business to customers are as follows:
Often falling merchandise incidents occur without any notice, warning, or witnesses. Victims are often faced with the task of reconstructing the incident and providing an explanation of how the merchandise fell. In our experience, the following are likely causes of a falling merchandise incidents:
There are numerous sources available from the retail warehouse business, both at the corporate and local store level, to assist injured victims in proving notice in a falling merchandise case. The subject of falling merchandise is often well-documented by retail warehouse businesses for their own business purposes, and the making any such documents, records, videos or business records are often widely available if requested during the litigation process.
The vast amount of information about falling merchandise that each retail warehouse business has and collects clearly indicates that these businesses know about the nature, extent, and seriousness of the issue.
Our Hamilton Personal Injury Lawyers have requested the following documentation in past falling merchandise cases:
Always remember – store owners have a duty under the Occupiers’ Liability Act to ensure the reasonable safety of their customers. If a store or warehouse fails to abide by the duty of care imposed under the Act to keep their premises safe, they can be held liable for your injuries. Contact Hamitlon Personal Injury Lawyer Matt Lalande to discuss your claim today. All our consultations are free and we never ask for money upfront. Call us today at 905-333-8888 or fill in a contact form today.
We’re here to help. Schedule a consultation with one of our experienced lawyers today by filling out the form below, or call us at 1-844-LALANDE
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We’re here to help. Schedule a free consultation with one of our experienced lawyers today by filling out the form below, or call us at 1-844-LALANDE
Call us 24/7. We will travel to your rehabilitation center, home, or hospital, at your convenience.
We are available to discuss your case anytime. Give us a call at 905-333-8888.
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