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Improperly Stacked Merchandise

The big-box revolution began in the 1960s when the very first Wal-Mart and Kmart stores determined it was cheaper and more efficient to warehouse as much merchandise as possible onsite rather than in offsite warehouses or backroom storage areas. But where would all the merchandise go? The answer was up, so that now when we go to Wal-Mart, Kmart, Home Depot, Costco, Toys “R” Us, and other retailers, we hardly notice the boxes upon boxes of merchandise towering above our heads—until they fall.

Thousands of people have been injured (some even killed) by improperly stacked merchandise in retail stores. Yet, businesses continue to use the high-stack method to keep merchandise in one spot, and avoid moving items from one location to another. Clearly, businesses do not have license to sacrifice consumer safety for profit and efficiency, which means people injured as the result of improperly stacked merchandise have the right to compensation.

Common Factors in Improperly Stacked Merchandise Cases

Several factors can cause or contribute to improperly stacked merchandise-related injuries. These factors may work alone or together to bring about an accident.

High stacking – One of the hallmarks of retail warehouses is high-stacked merchandise, defined by safety experts as the storage of merchandise on the sales floor above eye level. In many big-box stores, merchandise, ranging from appliances to hot water heaters, is stacked on shelves up to 15 feet or more above the sales floor. A sales clerk or customer must stretch, use a ladder or step stool, or climb on shelves to reach merchandise.

Improper or Inadequate Training – Too often, store employees aren’t properly trained in stacking techniques or in preventing and correcting stacking hazards. Many accidents could be avoided if businesses trained employees in procedures for recognizing stacking hazards and making sure merchandise is stacked safely.

Triggering Events – Merchandise stacked in an unstable manner can fall easily due to a “triggering event,” such as moving merchandise from one shelf to another, placing a heavy box on top of lighter boxes, vibrations in and out of the store, and merchandise left hanging over the edge of a shelf.

No Warning of Danger – With the number of merchandise falls that occur in warehouse stores on a regular basis, businesses know there is a risk to consumers when merchandise is improperly stacked. Despite this knowledge, many (if not most) retailers fail to put consumers on notice with high-stack warning signs or block off shopping aisles while merchandise is being stocked.

Contact Us if You Have Been Injured by Improperly Stacked Merchandise

If you or a loved one has been injured by improperly stacked merchandise while shopping, there are two important things to do. First, understand that the retailer knows that their practice of stacking merchandise will eventually cause injuries. They buy insurance for this and view the danger as a cost of doing business. Second, contact the store injury lawyers at Katz Wright Fleming Dodson & Mildenhall, LLC to schedule a free initial consultation with one of our experienced personal injury and premises liability attorneys. Our office can be reached at 404-460-0101 or 888-426-2100.

Client Reviews
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I was in a head-on collision last year that put me in a wheelchair with a fractured femur. I needed an attorney and my cousin recommended this firm because he had used Briant Mildenhall for his accident. I was glad I called Briant because he always did what he said he would do and kept me informed. We settled with the insurance company and I'm happy with the result. If someone I know needs an attorney, I will tell them to call Briant because he will get the job done. Michael G.
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After a head–on collision I had extremely serious injuries to my back and neck, and some internal injuries. I was airlifted to the hospital and started a huge amount of medical expenses accumulating. I hired a lawyer recommended by a friend but I was not satisfied. My cousin told me about this firm so I talked to Briant Mildenhall about handling the case. I was at ease from the get–go. Briant kept me informed all the way through, was always reassuring and did everything he said he would do. He helped us get the money we needed to get the treatment we needed. Briant was fantastic! Ronda W. (Car Accident)
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I was in a car accident that was complicated from the start. I looked on the internet and called a few different lawyers but they turned me down after they heard my story. When I called this firm Lyn Dodson asked me to talk to her in person. I met with Lyn and Rob Katz and after hearing my story they were confident I had a case. They vigorously pursued my case and over time we built a trusting relationship. Lyn even took time to help me with the traffic issues and other aspects of the case. They were always on my side and talked to me about the advantages and disadvantages of my options... Robert W. (Car Accident)
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After my car accident, I was looking for an attorney and came across the name Katz Wright Fleming Dodson & Mildenhall LLC. My intuition told me to call. I called in and Briant Mildenhall talked to me. He was very clear and honest about my options. As the case went forward, Briant and the staff at the law office always answered my questions right away. I was very confident in Briant's legal ability. He kept me informed every step of the way. I would recommend Mr. Mildenhall and the firm to anyone who needs an attorney. Antonio J. (Car Accident)
★★★★★
I would recommend the law firm of Katz Wright Fleming Dodson & Mildenhall LLC. Lyn Dodson was my attorney after my auto accident. I had confidence in her legal abilities and experience. She did a very good job for me. She was always there to answer the many questions I asked. The firm is very professional. Lyn always gave you her undivided attention. The firm, especially Lyn, worked with you like a long time friend. Joe B. (Auto Accident)
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I am 100% satisfied. I called Rob the day after the accident. Everything he said that would happen did, every step of the way. He went beyond what we needed him to do. I would definitely use him again and recommend him to anyone who needs a lawyer. Steve H.
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Robert Katz isn't your average personal injury lawyer. He has specialized knowledge and experience that the others don't. Timothy W. (Trucking Accident)
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I have nothing but good and positive things to say about Rob. One of the unique things about my case was that I was involved in a bicycle accident with another biker. He took an unorthodox case between two bicycle riders and he could see the logic and liability in it. I was very happy with the result. Rodney H. (Bicycle Accident)
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We just loved him to death. He acted like he cared about us, not just our case. He kept us posted on everything. He even called us on Sundays to update us. My case involved a rear-end collision where I had herniated disks and I had had a prior back injury. Complicated as it was, we were very happy with the outcome. Kathy H. (Car accident)
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Throughout the course of my case, Mr. Katz kept me informed about its status, returned my telephone calls and was very attentive to my needs and concerns. Simply put, he cared not just about my case, but about me. Joseph B.
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I was, and still am, extremely satisfied with Rob's work and with the outcome of my case. Rob strives to be there for his clients, and I was no exception...I would happily recommend Rob to anyone who is seeking legal assistance after suffering a severe injury. Joey E.
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