You can suffer an injury at a furniture store in a variety of ways, such as a furniture display tipping over on you, a slip and fall accident, tripping over loose furniture in the loading area, or through an accident while trying to load furniture into your car. If you suffered serious injuries at a furniture store in Pennsylvania, you could have a personal injury claim against that store.
Common Causes of Furniture Store Accidents in Pennsylvania
If you were injured by a furniture display or other displayed merchandise, several factors must be examined. These include whether the display was set up in a manner that made it more likely to tip over and injure a customer, and how frequently store employees inspected the display to ensure it remained safe after being handled by shoppers.
The furniture store should have surveillance video of the display that can help answer these questions. The store may also conduct its own investigation and take photographs of the display after the incident. If another customer, friend, or family member witnessed what happened, that person may be able to provide important testimony in your case.
Pennsylvania Slip and Fall Accidents in Furniture Stores
If you were injured in a slip and fall accident while shopping in a Pennsylvania furniture store, you must first show that a dangerous condition existed. Examples include spilled liquids, debris, damaged flooring, or other hazards that caused your fall.
Your attorney may prove the existence of the hazard through surveillance footage, photographs of the accident scene, testimony from friends or family members who were with you, or statements from other customers who witnessed the incident.
If you can prove that a hazard caused your fall, the next step is determining whether the furniture store had notice of the hazard. If the dangerous condition was created by a furniture store employee or agent, you generally do not need to prove notice because the store is responsible for creating the hazard.
However, if the hazard was created by a customer or another third party, such as someone spilling a drink on the floor, you must show that the furniture store knew or should have known about the condition.
There are two types of notice: direct notice and constructive notice. Direct notice is evidence that someone reported the hazard to the furniture store. Constructive notice is evidence that the hazard existed long enough that store employees should have discovered and corrected it.
Liability for Trip and Fall Hazards in Retail Stores
In display areas or furniture loading zones, furniture, packaging materials, or store accessories left on the ground may create dangerous tripping hazards. If these conditions caused you to trip and fall, you may have a personal injury claim against the store.
The same notice principles discussed above generally apply. Your attorney will investigate whether the store created the dangerous condition or whether it existed long enough that employees should have identified and addressed it.
With any slip and fall or trip and fall claim, your attorney will also need to address common defenses. One defense is that the hazard was open and obvious and could have been avoided. Another is comparative negligence.
Under Pennsylvania law, if you are found partially responsible for causing your injuries, any recovery may be reduced by your percentage of fault. If a jury finds that you were more than 50% responsible for causing your injuries, you cannot recover damages from the defendant.
Can a Furniture Store Be Liable for Loading Accidents?
If you were injured while loading heavy furniture into your vehicle, the furniture store may be liable under certain circumstances.
Factors that could support a claim include the store’s failure to provide reasonable assistance when assistance was necessary, or the store providing inadequate assistance that contributed to the accident.
Video surveillance, employee records, and witness testimony from family members or friends who were present can be valuable evidence when proving liability in these cases.
Proving Damages After a Furniture Store Injury
You will also have to prove your injuries through medical evidence. This includes medical records, reports from your treating doctors regarding your injuries, and testimony from yourself, friends, and family members about how the injuries have affected your daily life.
For example, if you suffered fractures that required surgery, your medical records and expert medical opinions can help establish that the fractures and resulting treatment were caused by the accident at the furniture store.
If you lost wages because of your injuries, those damages can be proven through medical evidence showing your inability to work, as well as tax returns, pay stubs, and employment records documenting your normal earnings. Your attorney may also retain an economic expert to calculate future lost wages and diminished earning capacity.
If you or a loved one suffered serious injuries from an accident at a Pennsylvania furniture store, The Thistle Law Firm is here to answer your questions. Call 215-568-6800 for a free consultation.