When merchandise falls in a store and leads to an injury, retailers often dismiss the incident as a fluke. Stores have a duty to maintain safe displays, and when they fail, customers can suffer catastrophic injuries. To prove fault in fallen merchandise cases, you must show that the retailer knew or should have known the display created a dangerous condition. That requires strong, timely evidence.
When merchandise falls, stores often insist it was “just an accident.” But evidence always reveals the truth. This guide explains how to prove fault, secure video footage and witness statements, and hold Louisiana retailers responsible for unsafe stocking and display practices.
Key Evidence That Strengthens Fallen Merchandise Cases
Winning a case depends on demonstrating the store’s liability and that their negligent actions caused your injury. Here’s the evidence you need to build a strong injury claim:
1. Videos
Surveillance cameras often capture unsafe stocking practices, unstable displays, or the exact moment merchandise falls. Because many retailers overwrite footage every 14 days, securing video is a top priority.
2. Employee Testimony
Workers may admit they previously complained about heavy or unstable stacking. This testimony can show the store had notice of the danger.
3. Store Policies and Safety Manuals
Retailers often have written stocking and inspection procedures. Proving the store violated its own rules is powerful evidence of negligence.
4. Customer Complaints
If other shoppers previously reported falling items, that history supports the argument that management ignored a known hazard.
5. Expert Analysis
Engineers or retail safety specialists can inspect shelving systems and reconstruct display failures. Their findings often confirm that the fall was predictable and preventable.
Why Timing Matters in Fallen Merchandise Cases
Time is one of the most important factors in these types of injury claims. Retailers such as Wal-Mart frequently use security systems that automatically delete footage within 14 days.
Evidence can also disappear when employees restock or clean up quickly after the incident. Acting fast helps ensure that:
- Video is preserved
- Photos of the display are captured
- Witness names are obtained
- Shelf conditions are documented
Delays make it harder to prove what really happened, so it’s best to get started on your claim right away.
Louisiana’s Deadline for Filing Personal Injury Claims
Under Louisiana law, there is a statute of limitations for personal injury lawsuits, including fallen merchandise cases. Any personal injury case filed after July 1, 2024, has a two-year limit. Any cases that occured prior to July 1, 2024, are subject to the previous statute.
Waiting too long to file your claim can bar you from bringing a claim—even if the store was clearly at fault.
Possible Available Compensation
Injuries from merchandise falling can be serious, especially when heavy boxes or objects fall from high shelves. Depending on the circumstances, compensation in these cases may include:
- Medical bills
- Lost income
- Loss of future earning capacity
- Pain and suffering
- Rehabilitation or long-term care
Every case is different, and an attorney can help determine the full value of your losses.
Call Mike Brandner Law 24/7
Retailers often deny responsibility or claim the accident was unpredictable, but fallen merchandise cases require fast action and a detailed investigation. At Mike Brandner Law, our team moves quickly to preserve surveillance footage before it is deleted, document unsafe displays that may have caused the fall, interview witnesses and store employees who knew about the hazard, review the store’s internal safety procedures for violations, and negotiate aggressively with insurers who may try to limit your recovery.
You can focus on healing while we focus on proving fault and fighting for every dollar you deserve. When merchandise falls and you are injured, we know how to Get JU$TICE.
Contact a New Orleans personal injury lawyer from Mike Brandner Law today for a free consultation. We serve clients in cities located in parishes throughout Louisiana, to include Metairie, Hammond, Lake Charles, Lafayette, Shreveport, and Baton Rouge. Give us a call at (504) 345-1111 to get started. You can also reach us via LiveChat or use our secure online contact form to get in touch.