BRIEF FACTS
I represented a 64-year-old man who was seriously injured while shopping at a large home improvement (big-box) store in San Diego, California. He was looking for rain gutters stored on elevated racks when a store employee attempted to retrieve the merchandise without proper equipment.
Instead of using a ladder or appropriate safety device, the employee climbed the shelving system itself. In doing so, multiple unsecured boxes—each weighing approximately 50 pounds—fell from a height of nearly 20 feet, striking my client on the head, neck, shoulders, and body. The force of the impact knocked him to the ground and caused a loss of consciousness.
Critically, my client had been directed by the employee to stand in a specific location for his “safety.” That is the exact location where the falling merchandise struck him. At the time of the incident, the boxes were stored without any securing mechanism, such as safety cables or restraints, creating a dangerous condition that posed a clear risk to customers below.
Under basic community safety rules, businesses must take reasonable steps to keep their premises safe for customers. This includes properly securing heavy merchandise stored at height and using appropriate equipment when retrieving items. The failure to follow these fundamental safety practices made this incident entirely preventable.
This principle is reflected in California law. Under Jury Instructions CACI No. 1000 Premises Liability - a property owner is responsible for harm caused by a dangerous condition if:
“The defendant owned, leased, occupied, or controlled the property; the property was in a dangerous condition; the defendant knew or, through the exercise of reasonable care, should have known of the condition; and the defendant failed to repair, protect against, or warn of the condition.”
Here, the unsecured storage of heavy merchandise and the employee’s unsafe retrieval method created a dangerous condition that the store knew, or should have known, posed a serious risk of harm. Simple safety measures—such as securing the boxes or using a ladder—would have prevented this incident.
Following the incident, my client required emergency medical care for head trauma, neck injury, chest wall injury, and knee damage. His injuries ultimately developed into a complex medical condition, including:
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Traumatic brain injury and post-concussion syndrome
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Cervical and lumbar spine injuries, including disc herniations
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Shoulder injuries, including a labral tear
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Knee injuries, including meniscal and ligament damage
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Chronic pain, neurological symptoms, and balance impairment
He underwent medical treatment, including diagnostic imaging, specialist care, physical therapy, neurological evaluation, and regenerative injection therapy.
This case underscores a straightforward but critical point: when businesses fail to follow basic safety rules designed to protect the public, serious and life-altering injuries can result.
Settlement: $650,000.00