You’re walking through a warehouse-style store, maybe picking up bulk groceries or checking out seasonal items. Out of nowhere, something heavy falls from an overhead shelf and hits your head. It happens faster than you can react, and the next thing you know, you’re dizzy, in pain, and unsure of what just happened.
Brain injuries caused by falling merchandise aren’t as rare as people might think. When stores fail to prioritize safety, customers can suffer life-changing injuries. Here’s what you should know if you or a loved one were hurt in this way.
How Brain Injuries Happen in Retail Stores
Big box stores often stack merchandise high to save floor space and display large quantities. While this may be convenient for inventory, it can be dangerous for shoppers below. Falls can occur because:
- Items are stacked too high or unevenly
- Shelves are overloaded or unstable
- Employees use ladders or lifts around customers
- Products shift due to vibrations, crowd movement, or poor storage
Even lightweight objects can cause serious damage when dropped from above. A box of tiles, a small appliance, or even a package of canned goods can lead to a traumatic brain injury (TBI) if it strikes the skull.
Symptoms may include headaches, confusion, nausea, blurred vision, or memory loss. In severe cases, a brain injury may cause long-term disability or require ongoing rehabilitation.
When the Store Is Responsible
In California, stores have a duty to maintain a reasonably safe environment for shoppers. If a store’s actions or failure to act causes your injury, the business may be liable.
Stores may be held responsible when:
- Employees improperly stock or overload shelves
- Items are placed in unsafe positions without warning signs
- The store fails to inspect or correct known hazards
- Management ignores previous reports about unsafe conditions
Evidence can make a big difference in proving a store’s liability. That might include:
- Security camera footage
- Photos of the hazard or the object that fell
- Statements from witnesses or employees
- Maintenance and incident reports
Retail chains often have legal teams and insurance adjusters who try to downplay responsibility. That’s why it’s important to collect as much information as possible early on.
When a Customer Might Be at Fault or Another Customer Is Involved
Not every accident is the store’s fault. Sometimes, customers contribute to the problem, knowingly or not. For example:
- A shopper might climb shelving or knock items loose
- Someone may remove a heavy item and leave the rest unstable
- Children may play near displays or carts, causing items to shift
In these cases, California’s comparative fault rule comes into play. You can still recover compensation even if you’re partly responsible, but your damages may be reduced based on your share of fault.
There are also situations where another shopper is the primary cause. If someone else caused the object to fall, the store could still share liability for failing to maintain a safe and supervised space.
Legal Options for Injury Victims
Brain injuries can have physical, emotional, and financial consequences. If you were hurt by falling merchandise in a store, you may be entitled to compensation for:
- Emergency room and hospital costs
- Ongoing treatment or therapy
- Lost income from time off work
- Pain, suffering, and reduced quality of life
Here’s what to do if you’re injured:
- Get medical attention right away, even if symptoms seem minor.
- Report the incident to store management and ask for a written copy of the report.
- Document the scene—take photos of what fell and where it happened.
- Collect contact information for any witnesses.
- Talk to a personal injury attorney before accepting any settlement offer.
We can help you figure out whether the store, another party, or both are responsible for your injuries.
How We Can Help
At Casper, Meadows, Schwartz & Cook, we’ve helped injured clients across California hold negligent businesses accountable. We understand how overwhelming it can feel to deal with medical bills, missed work, and pushback from insurance companies. Our team will investigate your case, gather evidence, and stand by you every step of the way. We fight to get you the compensation you deserve, so you can focus on healing and recovery.
Talk to a California Injury Lawyer Today
If you or a loved one suffered a brain injury because of falling merchandise at a big box store, contact Casper, Meadows, Schwartz & Cook for a free consultation and to learn how we can help.