Child Is Fatally Crushed By Gym Weight In Retail Store Accident

This case involves a child who was fatally crushed by a gym weight in a retail department store. The child was roughhousing in the fitness section of the store with another child. The child was then pushed into the shelves in the aisle and the force caused a 25 lb weight plate to fall on his head.

ByZach Barreto

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Updated onAugust 31, 2021

Child Is Fatally Crushed By Gym Weight In Retail Store Accident

The child suffered a severe traumatic brain injury and was rushed to the hospital. The child eventually succumbed to his injuries in the hospital. An expert in retail operations was sought to review the standards for displaying and selling recreational products and opine as to whether or not the retailer deviated from industry standards in allowing heavy weights to be displayed unsecured on the shelves.

Question(s) For Expert Witness

1. Please describe your experience working in retail department stores?

2. What are the proper packaging and safety measures necessary for such items sold in department stores

Expert Witness Response E-023913

inline imageI have 20 years of experience in big box retail operations and merchandising with one of the largest department stores in the nation as the head of operations and merchandising. I also have 10 years experience as an expert in retail operations. I am currently a retail consultant focused on brands, merchandising, and operations. My primary responsibilities include providing expert assessments of safety. I have also completed two retail safety cases in two west coast states. There are safety practices that are normal and common in retail spaces for selling this kind of recreational product, which I can share with you in detail. The laws vary by state, but the common rule for display is to require staff assistance to purchasing. This includes lockdown and/or behind the counter display control and to package dangerous products within the department. I have served as an expert witness several times in cases relating to in-store safety programs and equipment failure. I have also served as a retail expert consulting on many topics, from equipment to falls to labor disputes.

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.

Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.

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