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NJ Premises Liability Case - Injured By Falling Merchandise



When we talk about premises liability cases in NJ, most people think about slip and fall or trip and fall accidents.  However, there are other types of premises liability cases.  Below is a question we received about another type of premises liability case.

Question: I was at a New Jersey sporting goods store and helmets fell on my face as I took one down from the shelf. I broke my nose as a result.  What are my rights and what can I recover? Will I have to testify in court?

Answer: You may be able to bring a personal injury lawsuit against the New Jersey sporting goods store.  In New Jersey, negligence may be inferred on the part of the sporting goods store depending on the facts of the accident.  For example, retailers may be negligent when an injury is attributable to the method of displaying merchandise.  If the helmets were placed on a high shelf and the way the helmets were put on the shelf caused other helmets to fall when you took one down, the store may be held liable because it breached its duty to keep the premises reasonably safe.  However, we would need to know the circumstances surrounding your accident in order to properly evaluate your case, i.e., the height of the shelf, what type of helmets they were, and how the other helmets fell on you.  Click here to read the article: Shopping This Holiday Season? Beware Of Potential Dangerous Merchandise Displays To Avoid Injuries In NJ

In general, not many personal injury cases go to trial.  In fact, 9 out 10 cases settle before trial.  Therefore, you may not need to testify in court.  Some cases settle early in the litigation process.  For instance, cases may settle after the discovery phase where parties have exchanged documents (medical records, incident reports, etc.) and have been deposed by opposing counsel.  Some cases may settle on the morning of trial.  There are also some cases that settle through alternative dispute resolutions such as a mediation or arbitration.  See Mediation & Arbitration-By A PA NJ Personal Injury Accident Lawyer.

In terms of what you will be able to recover in a subsequent injury lawsuit, your damage claims may include:

  • past and future medical expenses related to your injury,
  • past and future lost wages,
  • pain and suffering, and
  • out of pocket expenses.

The amount you may be able to recover depends on the severity of your injuries and the extent of medical treatment needed. If you need to have surgery to correct the broken nose, then your financial recovery would be greater than if you didn’t need surgery.

If you want to discuss your case further, feel free to contact me or our experienced premises liability lawyers who have helped many injured consumers in Pennsylvania and New Jersey.  We offer FREE consultations. 877.944.8396 

*Last updated on November 20, 2015

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