Falling Merchandise Articles & Publications

• Falling Merchandise: A Primer, Jeffrey A. Hyman, Esq. and Molly E. Homan, Esq.
  
  
• Sky Shelves Can Be Lethal For Shoppers, Davan Maharaj, L.A. Times, August 16, 2000.
  
  
• Shop at Your Own Risk, abcnews.com, August 17, 2000
  
  
• Falling Merchandise Is A New P.I. Niche, Christa Zavitas, 99 LAWYERS WEEKLY USA 595, June 28, 1999.
  
  
• Big Box Retailers: Discovery Abuse, Gilbert T. Adams, III, Esq. and Alto Watson, III, Esq., TRIAL, p. 39, April 2000
  
  
• Wal-Mart: Why An Apology made Sense, Wendy Zellner, Business Week, July 3, 2000.
  
  
• Liability for Injury to Customer or Other Invitee of Retail store by Falling of Displayed, Sorted or Piled Objects, Michael P. Sullivan, 61 A.L.R. 4th 27 (1988, 2000 Supp.)
  
  
• 62 A Am.Jur.2d Premises Liability § 595 (1990)
  

Falling Merchandise Cases

• Real v. Wal-Mart Stores. Inc., (July 2000) Ventura CodR4' Superior Court, CA No. C1V177 137. A jury awards $365,000 for injuries sustained by a commercial diver who, while shopping at Wal-Mart, was struck by 25 pounds of Rubbermaid containers that fell from a seven-foot high shelf.
  
  
• Stone v. K-mart Corporation, (May 1999) Arapahoe County District Court, CO No. 94 CV 2858 and Court of Appeals Case No. 99 CA 1733. A jury awards $110,000 for injuries sustained by a shopper when an eight-pound toy box was dropped on her head by a K-mart employee who was stocking merchandise atop a six-foot shelf.
  
  
• Scharrel (II) v. Wal-Mart Stores, Inc., (October 1999) Denver District Court, CO No. 94 CV 2734. Ajury awards $825,000 for emotional distress, pain and suffering, depression, anxiety, and impairment of the quality of life, resulting from a shopper being struck by 80 pounds of falling merchandise.
  
  
• Scharrel (I) v. Wal-Mart Stores. Inc., (April 1995) Denver District Court, CO 949 P.2d 89 (Cob. App. 1997. Jury awards customer $3.3 million for permanent brain damage, orthopedic injuries and inner ear damages and loss of earning capacity resulting from employee of Wal-Mart dropping two 40-pound ice augers on shopper's head.
  
  
• Rice v. Home Depot, (August 2000) Boulder County District Court, CO No. 1999 CV 000788. Jury awards shopper $1.24 million when a dozen six-foot tall boxes of bakers racks fell into a metal plant rack, which then fell on customer. Plaintiff sustained permanent cognitive and visual impairments and neck and back pain.
  
  
• Blau v. K-mart Corp., (January 2000) Jefferson County District Court, CO No. 98 CV 131. Jury awards shopper $190,000, for injuries sustained when plaintiff reached to select a package of cake mix, which were stacked five to six cases high, and the stack collapsed and struck plaintiff.  Plaintiff was found 39% negligent. Plaintiff sustained a wrist injury, and underwent surgery to repair TFC tear and scapholunate tear).
  

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