Injuries from a Rolling Merchandise Cart

Author: Attorney Dennis Schaefer

Our client is a middle aged woman who was shopping at a nationally recognized retail clothing store. She was at this location with her granddaughter. Our client had finished her shopping for the day and was making her way out of the store. It is important to note that our client had been to the store many times before and was familiar with the layout and other aspects of the store.

As she began to walk to the open exit of the store, she dropped something on the floor. The item she dropped was adjacent to merchandise shelving that was on wheels. As she bent down to pick up the item on the floor, she placed her hand on the merchandise shelving in order to balance herself as she retrieved the item from the floor. Simultaneously, as she bent down and sought to balance herself on the cart, the cart rolled quickly away from her, causing her to crash to the floor. The rolling shelving carts wheels had not been locked. The cart was on a wooden floor.

Never before had our client noticed that the shelving carts moved so easily. She simply did not know they were on wheels, and nothing from her prior experience would have provided her this knowledge. The store employees had moved the cart into this position and neglected to lock the wheels, causing this safety hazard.

Our clients fall caused injuries to her neck and back. There was also the possibility of a concussion. Dell and Schaefer immediately took photographs of the area where she fell and of the rolling merchandise cart. We gathered evidence and waited for our client to reach maximum medical improvement before we proceeded to resolve her case. Always feel confident when calling Dell and Schaefer that we will give you a complete legal response to any questions to any of your legal issues.