ClickCease Premises Liability - Falling Store Merchandise | Walkup, Melodia, Kelly & Schoenberger

Premises Liability – Falling Store Merchandise

Our premises liability team negotiated a settlement with a value in excess of $200,000 on behalf of a 3-year-old child who was seriously injured when a display fell on her at the defendant’s home center. The managers of the store attempted to claim that the display collapse was the fault of the child or her parents for not supervising the youngster. Our team was able to successfully argue that in California, a child under the age of 5 is incapable of contributory fault. The display, which incorporated a door jamb and was advertising the availability of replacement home doors, weighed more than 100 pounds. The child’s injuries included severe lacerations that resulted in permanent scarring, notwithstanding plastic surgery.