Shopper is Permanently Injured by Falling Merchandise

Retail Safety Expert WitnessThis case takes place in Texas and involves a man who was injured while shopping in the electronics department of a major retail chain. At the time of the accident, the plaintiff had been attempting to remove a boxed flat screen TV from its shelf. As the man struggled to remove the TV from its place on the shelf and place it into his cart, he managed to destabilize the entire shelving unit, causing a large amount of heavy merchandise to fall directly on his head. As a result of the accident, the plaintiff has suffered a number of permanent and debilitating injuries, including brain damage, and will require a lifetime of ongoing care.

Question(s) For Expert Witness

  • 1. Are you familiar with appropriate techniques for managing stocking and stacking of merchandise?
  • 2. Have you served as a supervisor for stacking and shelving in a retail store?
  • 3. Can you opine as to the safe stacking of merchandise in retail stores?
  • 4. What makes you qualified to serve as an expert on this case?

Expert Witness Response E-018899

I oversaw approximately 300 retail outlets of a major warehouse store brand, during which time I was responsible for accident prevention and compliance. Stacking regulations and policies did fall under my purview. A situation as described in the case above should never be allowed to happen, and it seems like there were several failures on the part of the store which all contributed to this unfortunate accident. Merchandise should be stacked and stored appropriately, with visible warnings indicating the danger posed by falling merchandise to the shopper. Had these warnings been in place, it is perhaps less likely that the plaintiff would have attempted to move the TV from the shelf to his cart without employee assistance. I would be happy to help with this case.

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