PREMISE LIABILITY I TBI I TRAUMATIC BRAIN INJURY I PERSONAL INJURY I CASE STUDY – Store Injuries Resulting from Falling Items – Case Study TBI Injury of a Minor Reaches a $3 Million Dollar Structured Settlement

PREMISE LIABILITY I TBI I TRAUMATIC BRAIN INJURY I PERSONAL INJURY I CASE STUDY –   Store Injuries Resulting from Falling Items – Case Study TBI Injury of a Minor Reaches a $3 Million Dollar Structured Settlement

September 16, 2021

Falling Items Resulting in Store Injuries

Falling items, reasonably displaying items on store shelves and securing displays so they do not fall on patrons are not typical thoughts that come to mind when discussing premise liability or store negligence. Property owners have an obligation to preserve a premise in such a way that patrons are not exposed to avoidable harm and unreasonable risks. A property owner owes a duty to preserve the premise in a reasonable safe condition which includes safely storing merchandise on shelves and securing display towers. While slip and falls resulting from liquid spills or unmarked wet floors are the most common premise liability cases, negligence does arise when store injuries result from falling items.

Store Injuries – Common Causes Giving Rise to Premise Liability Cases 

The best way to avoid store injuries in general, is for property owners and occupiers to maintain their premises and make reasonable repairs to avoid preventable accidents including securing displays and shelving so that patrons are not injured by falling items.  Further, property owners and occupiers should be aware of the most common causes of store injuries arising in premise liability actions.

• Store Falls resulting from liquid spills
• Slip and Falls arising from unmarked wet floors
• Falls occurring from debris and other unsafe materials left on the premises floor and store aisles
• Falling items which is most often merchandise falling from overhead shelving
• Falling displays resulting from a store’s failure to properly secure or assembly the display
• Staircase falls often for nonconforming handrails
• Escalator falls often resulting from mechanical defects
• Poor lighting and limited visibility on the premises
• Sharp or jagged edges on the premises

Dangerous Display Falls on Minor Resulting in Traumatic Brain Injury

Falling items at a department store, resulting from store negligence, causes a minor child to fall and hit her head on the floor sustaining a traumatic brain injury (TBI).

Traumatic Brain Injury Case Study: A minor 5-year old child was walking in a department store when a bookcase fell from its display. Impact to the minor was so forceful, especially when considering the size of display in comparison to the minor girl. The dangerous display was negligently assembled and not adequately secured so when it fell impact caused the minor to hit her head forcefully on the floor and she suffered from a traumatic brain injury. The minor child had incurred roughly $46,700 in past medical expenses. The guardian of the minor retained the services of a TBI personal injury lawyer and filed a personal injury claim against the department store. The underlying complaint alleged store negligence or premises liability alleging that the department store created a dangerous condition with the bookcase display. After filling the premise liability claim the minor was subjected to a battery neurological testswhich confirmed that the dangerous display caused cognitive and functional impairments. Ultimately the case settled before trial when the parties reached a structed settlement for $3 million dollars.

Minor Jane Doe v. Roe Department Store (Confidential Case Settlement; October 2004; Cause of Actions: Premise Liability, Negligence, Store Negligence, Dangerous Condition on a Store Premises; Filing Court: United States District Court, Eastern District of California)

Traumatic Brain Injury – for more articles discussing TBI and Head Trauma Symptoms following a personal injuryincident see below:

• CAR ACCIDENT I PERSONAL INJURY: TBI Mild Traumatic Brain Injury From Rear End Collision. Head Injury From Rear End Accident 
• CAR ACCIDENT I PERSONAL INJURY I TRAUMATIC BRAIN INJURY I VERDICT: TBI Mild Traumatic Brain Injury From Rear End Collision $ 305,902 VERDICT
• CAR ACCIDENT I TBI – TRAUMATIC BRAIN INJURY SYMPTOMS – FATIGUE AND CHRONIC LOSS OF ENERGY FOLLOWING A CAR ACCIDENT
• TBI – TRAUMATIC BRAIN INJURY – 3 TYPES OF TRAUMATIC BRAIN INJURY
• TBI – TRAUMATIC BRAIN INJURY – TBI LINKED TO HIGHER RISK OF PTSD, DEPRESSION
• falling itemsCAR CRASH – NAUSEA AFTER A CAR ACCIDENT? FEELING DIZZY AFTER AN ACCIDENT?
• CAR ACCIDENT – I HAVE INSOMNIA AFTER AN ACCIDENT
• CAR ACCIDENT – I HAVE HEADACHES AFTER AN ACCIDENT
• CAR ACCIDENT – I HAVE MEMORY LOSS AFTER AN ACCIDENT

Premises Liability Case Results, please see links below:

• CASE RESULTS I PREMISE LIABILITY I PARKING LOT FALLS I PERSONAL INJURY SETTLEMENT I – $250,000 Jane Doe V. Store Owner, Commercial Real Estate Developer And Landscaper – Parking Lot Fall Resulting In Personal Injuries Due To Negligently Maintained Parking
• CASE RESULTS I PREMISE LIABILITY I SLIP AND FALL I PERSONAL INJURY SETTLEMENT I – $500,000 John Doe V. ABC Restaurant – Wet Floor Signs Not Placed Prior To Fall

Store Negligence: Slip and fall or Premises Liability Articles

• SLIP AND FALL I PREMISE LIABILITY – Do I Need A Slip And Fall Lawyer?
• PERSONAL INJURY I SLIP AND FALL I CASE STUDY – $7,170,000 Verdict Following An Employee Slip And Fall Accident
• PERSONAL INJURY I SLIP AND FALL I PREMISE LIABILITY – DID YOU SLIP AND FALL ON A WET OR FRESHLY MOPPED FLOOR?
• SLIP AND FALL I PREMISE LIABILITY – RESTAURANT FALL – LIQUID SPILL
• PERSONAL INJURY I SLIP AND FALL – $21,500,000 SETTLEMENT IN FAVOR OF PLAINTIFF WHOM CLAIMED TRACK WORK CREATED TRIPPING HAZARD
• TRIP AND FALL ATTORNEY IN SAN DIEGO
• SLIP & FALL INJURY ATTORNEY SAN DIEGO
• PUBLIC ENTITY LIABILITY I SLIP AND FALL I PREMISE LIABILITY – SIDEWALK FALLS AND ROADWAY FALLS INCREASING IN SAN DIEGO
• PERSONAL INJURY I SLIP AND FALL I PREMISE LIABILITY – SIDEWALK FALLS IN SAN DIEGO CAUSED BY WATER METERS
• SLIP AND FALL I PREMISE LIABILITY – Who’s To Blame For Slip And Fall Accidents In A Parking Lot?
• PERSONAL INJURY I SLIP AND FALL I WRONGFUL DEATH – Wrongful Death And Landlord Negligence
• PERSONAL INJURY I SLIP AND FALL I PREMISE LIABILITY – $2,800,000 Verdict On Behalf Of Plaintiff In Restaurant Fall Resulting From A Failure To Warn – Unreasonably Slippery Tile
• SLIP AND FALL I PREMISE LIABILITY – Restaurant Fall – Liquid Spill
• Personal injuries sustained by negligently maintained premises fall under negligent torts. Recoverable compensatory damages in negligent claims.
• What are Compensatory Damages
• Public entity liability and premises negligence

TBI sustained from a falling item or store negligence injuries?