Question: I was hit by a falling shelf at a local supermarket. I was in the meat department when the shelf swung around and hit my elbow. Should the company pay me since the shelf had a defect?
BILL: This is a common question I get. Your claim is most likely going to be against the store. Theoretically, you have a claim against the shelf maker, maybe? But you don’t need to go down that road; you just need to focus on the store because they probably installed it wrong.
Now, keep in mind, in Alabama, if the plaintiff – who would be you – is in any way, shape, or form at fault, then you don’t have a claim. Alabama will not let you collect anything if you are even 1% at fault.
It doesn’t sound like you are to blame. But let’s say you bumped your elbow on the shelf, and it fell. That could be considered contributing to the accident.
Now, if you had nothing to do with the accident, and you’re badly hurt, you have a really good case, in my opinion.
Here are some tips anyone can use in a similar situation.
- First, do not give any kind of recorded statement to the store. If they call you after the incident, be nice to them, but don’t give any sort of statement. Don’t tell them what happened.
- Second, if they say you don’t need a lawyer, you probably need a lawyer.
In this case, you need to speak to a lawyer who handles what we call premises liability. It’s a fancy word for cases involving slipping, falls, tripping, or where something falls off the shelf – or, in this case, when the shelf falls on you. This is a part of the law I know a lot about.
One of the biggest cases I’ve had in the last 20 years was a guy at one of those big box outdoor improvement stores. There was a metal pipe that rolled off and hit him in the head, and tragically, he wound up having 50 staples plus a brain bleed. What happened was that on the other side of the shelf, one of the employees was on a lift and was putting some things on that shelf, probably 20 feet high.
Obviously, that was a heck of a case. But let me tell you that if you were not injured, you cannot collect. Just because something terrible could have happened is not considered a case, and you cannot collect on it.
If you didn’t do anything wrong, I would focus on the store. But before you focus on the store, talk to a lawyer who handles premises liability cases—not a divorce or bankruptcy lawyer.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free. Plus, watch Bill every Sunday night at 10:30 on NBC 15 LawCall, our legal TV show, here in Mobile. Hosted by Andrea Ramey, it is on right after the news.