Overview
Our client, a 54-year-old contractor, visited a well-known home improvement store in Massachusetts to pick up supplies for a remodeling job. As he walked through the aisles, a large window panel, roughly 4 feet by 6 feet and weighing over 60 pounds, suddenly fell from a high overhead shelf. It struck him directly on the head and shoulder, knocking him to the ground and leaving him dazed, bleeding, and in severe pain.
The incident was captured on in-store surveillance, and emergency responders transported our client to the hospital. Despite the store’s initial apologies, their risk management team later denied liability, claiming the paneling had been properly secured and blaming customer interference.Injuries
- Concussion with post-concussive syndrome
- Shoulder impingement and torn labrum
- Cervical strain with radiculopathy
- Ongoing headaches and cognitive fog
- Inability to return to physically demanding work
Our Strategy
- Preserving and Analyzing Surveillance Footage: We sent an immediate preservation letter and secured the store’s footage, which clearly showed no customers near the shelving area at the time of the fall. The footage contradicted their narrative and supported our client’s version of events.
- OSHA and Industry Safety Violations: We retained a retail safety expert who identified multiple violations of industry stacking protocols, including a lack of restraining bars or brackets and improper angle/height of storage. The store had cut corners — and our report proved it.
- Medical and Vocational Evidence: Our client’s medical team diagnosed long-term cognitive and physical limitations. A vocational expert confirmed that he could no longer work in the trades — a massive blow to his earning capacity.
- Aggressive Negotiation: Armed with overwhelming evidence, we issued a pre-litigation demand letter. When the store offered less than $100,000, we prepared a draft complaint and publicly filed it.
Outcome
Just before trial, we secured a settlement of $425,000 — enough to cover all medical expenses, compensate our client for lost income, and account for long-term pain, suffering, and diminished earning potential. The settlement included confidentiality provisions typical of national retail chains.Result:
- ✅Premises Liability Proven with Surveillance and Expert Support
- ✅$425,000 Settlement Prior to Trial
- ✅Client’s Lost Wages and Medical Bills Covered
- ✅Peace of Mind After a Life-Altering Incident
