CVS merchandise boxes create serious tripping hazards and trips and falls in stores can lead to serious injuries. Many stores will stock merchandise while stores are open to the public. If the operator of the store fails to safeguard the area, boxes of merchandise waiting to be put on the shelves can become a tripping hazard. Such is especially true of single boxes left on the floor because customer’s eyes are usually focused on merchandise at “eye level,” and not on the ground.
A National Safety Council Data Sheet regarding Falls on Floors, states that causes of falls on floors are frequently the result of both unsafe conditions and unsafe acts, and that the primary causes of falls on floors are: unobserved, misplaced or poorly designed moveable equipment fixtures, or displays, such as merchandise left in aisles, extension cords lying across paths of travel, displays, platforms, or merchandise racks protruding into traffic lanes.
For example, we have an ongoing lawsuit against CVS, where a customer tripped on a single gray merchandise box, on a gray carpeted floor, while walking to the pharmacy desk. The merchandise box, also called a tote, was left unattended at the end of an aisle. CVS may try to argue that the CVS tote box on the floor was not a hazard, or that its presence was open and obvious. However, our investigations have discovered that single CVS tote boxes left in CVS shopping aisles have presented an ongoing risk and hazard to customers.
In fact, in just a two-year period, in the New York City metropolitan area, there were eighteen (18) reported instances of customers tripping due to a single CVS tote box being left on the floor. No doubt, if the time frame or geographic area was expanded, the number of instances would be even higher. The prior similar incidents, in multiple CVS pharmacy stores, are indicative of a chain wide problem, which CVS has failed to adequately address, despite having notice of the problem. Such is unacceptable, as CVS merchandise boxes create serious tripping hazards.
If you, or someone you know, has been injured to due to a store merchandise tote box, or display, being left on the ground, you should seek legal advice.At Zalman Schnurman & Miner P.C., the first consultation is always free. Contact us now by phone at 212-668-0059 or over email at info@1800lawline.com.