Injuries resulting from dangerous conditions on a business property may give rise to legal claims against the property owner or business proprietor. The Queens premises liability lawyers at The Cassisi Law Firm bring decades of experience to their representation of victims, including people who have been struck by falling merchandise. If you or a loved one has been injured in this type of accident, you may be entitled to compensation for your harm through a negligence lawsuit.Bringing a Negligence Claim for Injuries Caused by Falling Merchandise
Premises liability is a type of negligence claim that is typically brought by an injured individual against a defendant business or other property owner. Negligence is the term used to define a failure to behave as a reasonable person would have behaved under similar circumstances. To show negligence, the injured plaintiff must show that the defendant owed them a duty of care and breached that duty. Next, the plaintiff must try to prove that this breach directly caused their injuries and damages, such as medical care and lost wages from missed time at work.
Falling merchandise in a store probably results from a dangerous condition. Generally, the property owner or store proprietor knew or reasonably should have known of this dangerous condition but failed to promptly address the problem, or properly warn customers about the potential hazard.
The duty of care in a falling merchandise lawsuit centers on determining whether the store knew or should have known of the hazard. Legally, all store owners have a duty to provide safe conditions on their property to customers, who should be free from foreseeable risks of harm. For example, if a business is aware that merchandise is stacked in boxes on a high shelf haphazardly, reasonable steps should be taken to protect customers from the risk posed by the falling merchandise.
Another important issue is whether the customer or other victim was aware of the dangerous condition that resulted in the accident. If they were made aware of and then ignored a dangerous condition, this unreasonable behavior likely would result in a reduced damages award. In many cases, however, the doctrine of comparative negligence may provide for compensation to plaintiffs who were partially responsible for the accident.
Plaintiffs in a premises liability lawsuit usually may recover two kinds of damages: economic and noneconomic. Economic damages include quantifiable costs such as hospital bills, medical expenses, lost wages from work, the costs of future treatment, and pain and suffering. Non-economic damages refer to items like pain and suffering that are more subjective in nature.Consult an Experienced Queens Lawyer for a Premises Liability Claim
At The Cassisi Law Firm, our Queens premises liability attorneys represent injured individuals and their families in legal claims for compensation following a preventable accident. Our injury lawyers understand the importance of individual attention and know that each case is different. Our office also has helped accident victims in Brooklyn and the Bronx, as well as Nassau and Suffolk Counties. Contact us by calling (718) 441-5050 or completing our online form to set up a free, no-obligation consultation.