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The Standard of Care in Falling Merchandise Cases

A plaintiff’s personal injury attorney must generally prove how and why merchandise fell from a shelf. The mere fact that merchandise fell does not necessarily give rise to the presumption that the merchandise was negligently stacked by the store owner. In some cases, courts have held that where there is evidence of messy stacking, and there is a store employee in plain view of the merchandise, then it is a jury question whether the store should have recognized the danger and corrected the condition.