JZ helps (a Florida injury law firm)

Call Now! (888) 594-3577Get a Free Consultation - 24 / 7
Se habla Español
Call Now! (888) 594-3577
Get a Free Consultation - 24 / 7
Se habla Español


  • Home
  • Videos
  • Blog
  • Settlements
    • Injury Settlements
    • Car Accident Settlements
    • Slip, Trip & Fall Settlements
    • GEICO Car Accident Settlements
    • Rear End Car Accident Settlements
    • Motorcycle Accidents Settlements
    • Truck Accident Settlements
    • State Farm Settlements
    • Uber Accidents
    • Progressive Insurance Settlements
    • Bike Accident Settlements
    • Pedestrian Hit By Car Settlements
    • Uninsured Motorist Insurance Settlements
  • About Us
    • About Us
    • See Inside
    • Types of Injuries We’ve Dealt With
    • List of Cities Where We’ve Settled Cases
    • Press Room
  • Fees
    • Our Fees
    • Referral Fees
  • Cases We Handle
    • All personal injury cases
    • Car Accidents
    • Truck Accidents
    • Uber Accidents
    • Slip and Falls and Injuries on Property
    • Cruise Accidents
    • Florida Motorcycle Accidents
    • Pedestrian Accidents
    • Accidents at a Store
    • DUI Accidents
    • Accidental or Wrongful Death
    • Florida Condo and Apartment Accidents
    • Hotel Accidents
  • Get a Free Case Review
  • Reviews
You are here: Home / Premises Liability / Falling Merchandise in Store Injury Claims in Florida

November 2, 2015 By Justin Ziegler, Lawyer Leave a Comment

Falling Merchandise in Store Injury Claims in Florida

Merchandise on store shelves

If an object falls on while you are a store, you may be able to sue for your injuries.

This article focuses on falling merchandise accident cases in Florida.  Each state has different laws.

I wrote a separate article on claims for injuries from a collapsed ceiling, or an object that falls off or through a ceiling in Florida.

Lady Gets $442,000 after Falling Metal Rack at Florida Home Depot Struck Her

Check out a case where a jury awarded a woman $442,000 for a herniated disc and shoulder surgery.  She had a 3 level cervical (neck) fusion.

She was struck by a falling metal rug rack at a Home Depot.  $370,000 of the verdict was for pain and suffering.  

The case was in Indian River County, Florida.  The case is Simone v Home Depot U.S.A. Inc.  This is a 2008 verdict.

Will a Florida store admit that its employees were negligent in allowing the merchandise to hit you?

Maybe.  However, even if the store admits that its employees were negligent, it may hotly contest causation and damages.  Damages include:

  • Past Lost Income
  • Future lost income reduced to present value
  • Past medical expenses and future medical expenses
  • Replacement value of lost personal property (e.g. damage to your car, etc.)
  • Funeral expenses
  • Reimbursement for mileage to and from medical appointments
  • Pain and suffering
  • Disability
  • Scarring or Disfigurement
  • Mental anguish
  • Loss of capacity for the enjoyment of life.
  • Punitive Damages (in rare cases)
Example where store admits negligence but fights causation and damages

While shopping in a Walmart, you are struck in the back by an ornamental pumpkin.  The pumpkin weighed 8.4 ounces and was “squishy.”

Wal-Mart admits that its employees committed a negligent act but strongly contests causation and damages.

After a three-week trial, the jury returns a zero-damages verdict, finding that Wal-Mart was not the legal cause of your claimed loss, injury, or damages.

These are the facts from a real case against Walmart.  Schwartz v. Wal-Mart Stores, Inc., 155 So. 3d 471 – Fla: Dist. Court of Appeals, 5th Dist. 2015

Florida’s Fifth District Court of Appeal decided this case.

The different Florida appeals courts.
Florida’s district courts of appeals (DCAs).

Florida’s Fifth District Court of Appeal is comprised of Hernando, Lake, Marion, Citrus and Sumter Counties, Flagler, Putnam, St. Johns and Volusia Counties, Orange and Osceola Counties, Brevard and Seminole Counties.

In that case, Coral Gables lawyers represented the injured customer.  Greenberg Traurig, P.A. in Miami represented Wal-mart Stores, Inc.

If the jury finds that the store was negligent but it did not cause your injury, are you entitled to get paid for your initial medical evaluation after the accident?

Not necessarily.

In the above Walmart case, the appeals court ruled that it was OK that the jury found that the shopper’s injury was not related to the fall and award no money for the initial treatment.

Learn about Walmart accident claims in Florida.

What does a person have to prove to win on a negligence claim after being struck by merchandise?

To win on a negligence claim, a customer has to prove four elements: duty of care, breach of that duty, causation, and damages.

Causation is an essential element of negligence, and an injured person is entitled to recover only for injury, loss, or damage caused by a store’s negligence.

The existence of a duty of care is generally a question of law to be determined by the judge, while breach, causation, and damages are generally questions to be decided by the jury. 

If a store customer presents a good amount of evidence suggesting that she sustained an injury and damages as a result of an object striking her, does the store owe her money?

Maybe.  The store can counter with expert testimony from, among others, a biomedical engineer who opines that the degree of force exerted when the merchandise struck you was “well below the injury producing threshold.”

It depends whether the jury believes your expert, or the store’s expert.

Can you get your bills paid even if jury finds you weren’t injured from falling merchandise?

The general rule is that even when a jury finds that a person was not injured as a result of the subject accident, the injured person is still entitled to recover those expenses incurred for medical examination and diagnostic testing reasonably necessary to determine whether the incident caused injuries.

Injured person MRI and CT scan to detect herniated disc
MRI is a diagnostic test. Actresses/Dramatization.

Lady Sues Sports Authority; Claims Camping Stove Fell on Her

In that case, Lila Sparks-Book was shopping with her husband at The Sports Authority on August 23, 1992.

There, a camping stove was accidentally knocked off a shelf by an employee.  It landed on Sparks-Book’s head. She sued, along with her husband who sued for loss of consortium.

The Sports Authority admitted liability but contested damages.  The main issue at trial was the extent to which Sparks-Book’s physical injuries were caused by the accident at The Sports Authority.

At the end of the trial, the jury answered “No” to the question:

“Was the negligence on the part of Defendant, The Sports Authority, Inc. the legal cause of any loss, injury or damage to Plaintiff Lila Sparks-Book?”

Appeals Court says customer can recover for diagnostic testing medical bills

However, the appeals court said that the injured customer was entitled to recover for those medical expenses incurred for any diagnostic testing which was reasonably necessary to determine whether the accident caused her injuries.1

It was undisputed that paramedics were called to the scene of the accident and that Sparks-Book was transported to an emergency room. There, x-rays were taken of Sparks-Book’s jaw, shoulder, and neck.

The court allowed a new trial on the question of the injured customer’s damages.  This case is Sparks-Book v. Sports Auth., Inc., 699 So.2d 767, 768 (Fla. 3d DCA 1997).

Are there exceptions to this rule that allow a jury to return a zero-damages verdict, despite the medical expenses incurred for diagnostic testing?

Yes.

Exceptions to this rule allow a jury to return a zero-damages verdict, despite the medical expenses incurred for diagnostic testing, such as “when sufficient evidence is presented at trial regarding certain factors, including but not limited to pre-existing injuries with extensive treatments, not being honest with the treating physicians, video tapes that show actual physical capabilities, and expert medical opinions which conflict as to causation.2   

If a store presents expert testimony from a biomedical engineer that sufficiently supports the conclusion that the impact could not have caused any injury to a customer, and the jury awards nothing, will the court agree?

Maybe.  This is considered an exception to the above-stated general rule.

How do you know if the store’s negligence caused you to get struck by merchandise?

Whether a store is at fault for the accident depends upon whether what you were doing at the time you were struck was reasonable.

If you were reaching for an object that was within reach and it fell, this helps your case.  If you were standing on your “tippy toes” or jumping to get a product on the shelve, then this hurts your case.

A store may argue that you should have known that the object was loose and was going to fall.  The store may say that you should have asked for help instead of trying to grab the item without assistance that was high on the shelf.

If the store is correct, the value of your personal injury case will be reduced by your negligence (fault).

Footnotes

[1] See Blanford v. Polk County, 410 So.2d 667, 669 (Fla. 2d DCA 1982); see also Noralyn O. Harlow, annotation, Recoverability from tortfeasor of cost of diagnostic examinations absent proof of actual bodily injury, 46 A.L.R.4th 1151 (1986)

[2]  Hernandez v. Gonzalez, 124 So.3d 988, 991-92 (Fla. 4th DCA 2013).

Did a store’s negligence cause an object to strike and hurt you? Were you hurt in another type of accident or somewhere else?

See Our Settlements

Check out some of the many Florida injury cases that we have settled, including but not limited to slip or trip and falls, drunk driving (DUI) accidents, cruise ship accidents, wrongful death and much more.

I want to represent you!

My Miami law firm represents people anywhere in Florida if someone’s carelessness caused their injuries in slip, trip and falls, cruise ship or boat accidents, accidents at an apartment complex, condo building or home, wrongful death and many other types of accidents.

I want to represent you if you were hurt in an accident in Florida, on a cruise ship or boat. If you live in Florida but were injured in another state we may also be able to represent you.

Call Us Now!

Call us now at (888) 594-3577 to find out for FREE if we can represent you. We answer calls 24 hours a day, 7 days a week, 365 days a year. 

No Fees or Costs if We Do Not Get You Money

No Fees or Costs if We don't get you money.

We speak Spanish. We invite you to learn more about us.

Related

Filed Under: Premises Liability

I will not become your attorney by you leaving a comment. There is a time limit to file a lawsuit. All comments will be public. This includes the name that you enter. I only represent people who were hurt in Florida or on a cruise ship; or if the injured person lives in Florida or a family member (in the case of a death) lives in Florida. This is because I am only licensed in Florida.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Serving Florida

Get a Free Consultation. JZ helps (a Florida injury law firm)

Get a Free Consult Now

Complete this form to see if I can represent you. We usually respond fast.

"*" indicates required fields

Name*
MM slash DD slash YYYY
We only represent people for injury or death that happened in Florida (or on a cruise). However, if you live in Florida and the incident happened in another state, we may be able to represent you.
If your accident did NOT happen in Florida or on a cruise, and you don't live in Florida, I likely won't be able to represent you.
Select your most serious injury.
For example, damage to a car(s), hazard that you tripped on, incident scene, crash report, major scarring, etc.
Drop files here or
Max. file size: 50 MB.
    By submitting this form I agree to the Terms of Use.

    We’re Open!

    No Fees or Costs if No Recovery

    Florida Injury Lawyer

    Personal injury lawyer Justin "JZ" Ziegler has recovered over $15 Million in settlements for people seriously hurt in accidents in Florida (or on a cruise).

    We want to represent you. Our office is in Coral Gables (Miami-Dade County), Florida. However, we can meet you anywhere in Florida. Call (888) 594-3577 for a Free Consultation Now!

    Search

    Florida Injury Case Types

    • Auto Accident Claims
    • Cruise Accident Claims
    • Florida Motor Vehicle No-Fault Law, Personal Injury Protection (PIP)
    • Foot and Ankle Injury Claims
    • Hand & Wrist Injury Claims
    • Herniated Disc Claims
    • Lyft accidents
    • Personal Injury
    • Premises Liability
    • Shoulder Injury Claims
    • Slip, Trip and Fall
    • Spinal Injuries
    • Truck Accident Claims
    • Uber Accidents
    • Uninsured Motorist Claims
    • Wrongful Death Claims

    Connect With Us

    • Facebook
    • YouTube

    2010

    Super Lawyers

    2005 & 2006 Up & Coming 

    Interviewed by:

    WSVN 7 Miami

    Miami Herald

    NBC6

    CNNwall street journalQuoted in:
    Miami New TimesTBO - Tampa Tribune

    Telegraph

    Member of:Florida Justice Association

    Florida Justice Association, and Florida Bar

    Subscribe to Blog via Email

    Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    We Handle:

    Car accidents, slip and falls, motorcycle accidents, Uber accidents and more.

    We’ve settled many cases with GEICO, State Farm, Progressive, USAA and others.

    We’ve settled cases for people who’ve injured their shoulder, hand, broken a leg, arm, foot and much more.

    Disclaimers

    Follow Us

    • Facebook
    • YouTube

    Attorney Justin “JZ” Ziegler

    Get a Free Consultation Now!

    We’ve had over $11 million in injury settlements for accidents in Miami, Homestead, Hialeah and throughout Florida.

    We’ve settled many personal injury claims in Miami.  However, we’ve also settled cases throughout the entire state of Florida.  This includes several settlements for over $195,000 for accidents that happened in Fort Lauderdale, the Orlando area, Clearwater, Pensacola and other cities.

    Contact Us

    JZ helps (a Florida injury law firm)
    1450 Madruga Ave., Suite 306B
    Coral Gables, Florida 33146

    Our office is near the University of Miami.  Serving all of Florida.

    1-888-JZ-Helps (1-888-594-3577) or 305-661-9977

    24 hours / 7 days a week

    En Español

    We’re also proud of our results in other parts of the state (as well as the Miami area).  Therefore, I call myself a Miami injury lawyer who serves all of Florida.

    Copyright © 2023 · JZ helps (a Florida injury law firm)