Accidents from falling objects in New Mexico stores can cause serious head injuries, broken bones or deep cuts. If a store’s mistake causes an object to fall on you, you have rights. You might be able to get compensation to pay for your doctor visits and the pain you suffered.
Why Do Items Fall from Shelves?
While stores are supposed to be safe places to shop, several common mistakes by staff or management can lead to dangerous falling objects. Here are the primary reasons items fall from shelves:
- Old or faulty equipment: Over time, metal shelving units can become rusty, dented or structurally weak. If the store uses damaged or faulty shelving, the racks may lean or collapse under the weight of the products.
- Poor stacking and overloading: Store employees might try to fit too much inventory into a small space. When they overload a shelf or stack boxes too high, the entire pile becomes unstable and can tip over with just a small vibration.
- Inappropriate weight distribution: Putting very heavy or bulky items on high shelves is a major safety risk. If these items are not secured with brackets or bars, they can easily slide off and cause serious injuries to anyone walking below.
- Lack of secure placement: Sometimes items are simply pushed too far forward or placed haphazardly on the edge of a display. Without proper “fencing” or shelf edges to hold them back, merchandise can fall due to gravity or a customer reaching for a nearby item.
- Negligent maintenance: If a store fails to inspect its displays regularly, they might miss loose bolts or shifting stacks. Regular safety checks are required to ensure that everything remains securely positioned for shoppers.
You should always keep your eyes open when you shop in places with high displays or warehouse-style shelves. Avoid walking too close to stacks that look leaning or messy.
How New Mexico’s personal injury laws protect you
In New Mexico, we use a rule called pure comparative negligence. This means that even if you were a little bit distracted, you can still usually recover money for your injuries as long as the accident wasn’t entirely your fault. The court just looks at what percentage of the accident was the store’s fault versus yours and adjusts the payment based on that.
If you are injured by a falling object in a store due to negligence, you have the right to seek compensation for damages like medical expenses, lost wages and pain and suffering through a premises liability claim. Consulting with an attorney who can help you prove the property owner’s negligence is essential.