Falling Merchandise Accident Lawyer in New York City
Falling Merchandise Accidents in NYC Stores
A simple shopping trip in New York City should never end with an emergency room visit. Unfortunately, in busy retail stores like Costco, Walmart, Home Depot, Lowe’s, BJ’s, and Target, merchandise is often stacked dangerously high above crowded aisles. When items fall from overhead shelves, unsuspecting shoppers can suffer serious and life-changing injuries.
If you or a loved one were struck by falling merchandise in Manhattan, the Bronx, Brooklyn, Queens, Staten Island, or Long Island, you may have a strong premises liability claim under New York law.
Why Falling Merchandise Accidents Happen in NYC Stores
These accidents are often preventable and frequently result from poor safety practices. Common causes in New York City retail stores include:
- Overstacked or unstable shelves and pallets
- Unsafe vertical stacking in warehouse-style stores
- Merchandise protruding over aisles or stored without restraints
- Defective or broken shelving and displays
- Negligent restocking during store hours without blocking aisles
- Inadequate employee training or supervision
- Failure to inspect and correct dangerous conditions
- Lack of warning signs during stocking or unstable displays
Even minor vibrations or another customer brushing against an overloaded shelf can cause heavy boxes to fall on unsuspecting shoppers.
Common Injuries in New York Falling Merchandise Cases
Falling merchandise accidents in New York City stores can cause devastating harm. Victims often suffer:
- Head and Brain Injuries – concussions, skull fractures, traumatic brain injury (TBI)
- Spinal and Back Injuries – herniated discs, spinal cord injuries, paralysis
- Fractures and Broken Bones – arms, legs, ribs, and facial bones
- Neck injuries and chronic pain
- Lacerations, nerve damage, and disfigurement
- Vision or hearing damage
- Wrongful death in severe cases
Even objects weighing under 10 pounds can cause serious head or neck injuries if dropped from a high shelf.
Store Liability Under New York City Premises Liability Law
Under New York premises liability law, store owners and property managers owe customers the highest duty of care. They must keep their aisles, shelves, and displays safe for shoppers.
A store may be liable if:
- It created a dangerous condition (unsafe stacking, broken shelves, lack of restraints).
- It knew or should have known about a hazard and failed to correct it (actual or constructive notice).
- Employees negligently restocked, trained poorly, or left items protruding over aisles.
- Aisles were not closed or warnings not posted during stocking.
Other potentially responsible parties include:
- Landlords and property owners (for defective shelving/maintenance issues)
- Manufacturers (for defective shelving, racks, or pallets)
Comparative Negligence in New York City
New York follows a pure comparative negligence rule (CPLR § 1411). Even if you were partly at fault (for example, trying to grab merchandise from a high shelf), you may still recover damages, though your share of fault will reduce your compensation.
Evidence in a New York City Falling Merchandise Case
Evidence may include:
- Surveillance footage
- Witness statements
- Accident reports
- Prior complaints
- Stocking logs
- Employee training records
Compensation Available in NYC for Falling Merchandise Claims
Victims of falling merchandise accidents in New York City may recover damages such as:
- Emergency medical care, surgeries, rehabilitation, and long-term treatment
- Lost wages and reduced future earning capacity
- Pain and suffering and emotional distress
- Permanent disability, scarring, or disfigurement
- Loss of quality of life
- Wrongful death damages for surviving family members
- Punitive damages (rare; only in reckless cases)
Statute of Limitations in New York City
- Personal Injury: 3 years from the date of the accident (CPLR § 214)
- Wrongful Death: 2 years from the date of death (EPTL § 5-4.1)
- Government Property Accidents: A Notice of Claim must be filed within 90 days, and lawsuits within 1 year and 90 days
Because deadlines vary, could you speak with a New York City premises liability lawyer as soon as possible?
What to Do After a Falling Merchandise Accident in NYC
- Seek medical care immediately – Call 911 if necessary.
- Report the incident to store management and request a written incident report.
- Take photos and videos of the shelves, displays, and your injuries.
- Collect witness names and phone numbers.
- Preserve evidence – clothing, receipts, medical bills, packaging.
- Avoid giving statements to the store or insurer.
- Contact a New York City falling merchandise lawyer quickly to preserve video footage before it is erased.
Employee Injuries in NYC Stores
If you are a store employee injured by falling merchandise, you may be covered under New York workers’ compensation. However, you may also have a third-party claim if unsafe equipment, outside contractors, or landlords contributed to the hazard.
How Greenstein & Pittari, LLP Can Help
At Greenstein & Pittari, LLP, we fight for injured New Yorkers who falling merchandise accidents have harmed. Our attorneys will:
- Send preservation letters to secure surveillance video and stocking records
- Investigate with safety experts and engineers
- Hold negligent retailers, landlords, and manufacturers accountable
- Calculate the full value of your losses
- Negotiate aggressively with insurers or take your case to trial
We work on a contingency fee basis – you pay no legal fees unless we win.
Speak to a New York City Falling Merchandise Accident Lawyer Today
If you or a loved one were injured by falling merchandise in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, or Long Island, don’t face powerful retail corporations and insurers alone.
Call Greenstein & Pittari, LLP today at 1-800-VICTIM2 (1-800-842-8462) for a free consultation.
- Local Harlem office + six additional locations across NYC and Long Island
- Our Fee Guarantee – no fee unless we win
- Bilingual services available
- Top-rated personal injury lawyers – recognized by Best Lawyers & Super Lawyers
- Hundreds of satisfied New York clients
Don’t be a victim twice. Let our firm protect your rights and fight for the maximum compensation you deserve.