Falling Merchandise Injures Customer In Big Box Retail Store


retail warehouseThis case takes place in Michigan and involves a woman who was shopping in a wholesale store for restaurant supplies and food packaging. She was attempting to buy a large supply of takeout containers when a stack of supplies adjacent to her containers fell on her. The containers were stacked on top of one another, and it has been estimated that the containers were at least 10 feet high. As a result, the plaintiff suffered severe head and neck damage which required surgery.

Question(s) For Expert Witness

  • 1. Are you responsible for ensuring that products are not stacked too high?
  • 2. Are you responsible for shopper safety?

Expert Witness Response E-008856

I have extensive training and OSHA certifications with a primary focus on food and retail safety. I am intimately familiar with the guidelines for adequately storing and shelving goods in a retail store setting – specifically, boxes (which in this instance held containers for restaurant supply purposes). These guidelines will dictate the reasonable height of the boxes in this setting, which consider a number of factors such as stability of the box and its contents. These industry specific safety protocols must be adhered to when stacking products in a retail setting to ensure the safety of consumers.

Expert Witness Response E-008923

I have testified against this particular store before due to their safety negligence, so I am very familiar with their rules and regulations. I have 13 years of experience specifically in retail safety consulting, and have seen issues involving boxes falling before. I have also developed a CLE course on Retail Store Safety, which I have delivered to major insurance and trial lawyers organizations. I have inspected over 250 stores for safety compliance and I am very familiar with state by state Mode of Operation Law in regards to safety.

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