In a California personal injury case where a customer is hit by a product knocked over by another customer due to overcrowded displays, the incident likely falls under premises liability based on negligent store layout or merchandising practices. While another customer physically caused the item to fall, liability may still rest with the store if the way products were displayed made the accident foreseeable.
⚖️ Legal Theory – Premises Liability (California Civil Code § 1714)
To prevail, the injured customer (plaintiff) must show that the store created or allowed a dangerous condition (i.e., overcrowded displays) that caused their injury.
1. Duty of Care
- Retail stores owe customers (invitees) a duty to keep the premises reasonably safe.
- This includes:
- Designing store aisles and displays that do not pose foreseeable risks,
- Preventing overstocked, unstable, or tightly packed merchandise setups,
- Ensuring that displays don’t collapse or allow items to easily fall when touched or nudged.
2. Breach of Duty
- Overcrowded displays increase the risk of items falling or being knocked over by others.
- If the store:
- Placed too many items on a single shelf,
- Created narrow, unstable, or cluttered pathways,
- Failed to regularly inspect and adjust unsafe displays,
3. Notice – Actual or Constructive Knowledge
- The store may be liable if it:
- Knew the display was unstable or overstocked (actual notice), or
- Should have known through reasonable inspections (constructive notice).
Example: If the display had been overcrowded for days or weeks, or employees had received complaints or seen customers struggle to navigate it, the store may be on constructive notice of the hazard.
4. Causation
- The customer must prove the overcrowded display directly contributed to the accident.
- Although another customer physically knocked the product over, if the display was unreasonably dangerous, the store can still be liable for creating or maintaining the hazard.
5. Damages
- The customer must prove actual harm:
- Medical expenses
- Lost wages
- Pain and suffering
- Long-term disability or therapy costs, if applicable
🧾 Who May Be Liable?
- The store, if it created or maintained the dangerous display
- A third-party merchandiser, if an outside vendor set up the display
- The other customer is generally not pursued unless their conduct was reckless or intentional (e.g., horseplay)
📎 Key Evidence to Support the Claim
- Photos of the display (before and after the fall)
- Witnesses who saw the incident or knew of the hazard
- Surveillance footage (many stores have security cameras)
- Incident report filled out at the store
- Prior complaints or employee statements
- Medical documentation
⚠️ Comparative Fault – California’s Pure Comparative Negligence Rule
If the injured customer is found to have contributed to the accident (e.g., standing too close, reaching unsafely), their damages will be reduced by their percentage of fault.
Example: $50,000 in damages, customer is 20% at fault → recovery = $40,000
🕒 Statute of Limitations
- The plaintiff must file a claim within 2 years of the injury (Cal. Code Civ. Proc. § 335.1)
- If the store is located on government property, a government claim must be filed within 6 months (Cal. Gov. Code § 911.2)
✅ Summary
If a customer is injured by a falling product caused by another shopper in a store with overcrowded or poorly designed displays, the store may be held liable under premises liability law, especially if:
- The displays were overstocked or unstable,
- The store knew or should have known about the hazard, and
- The customer sustained real injuries.
Law Offices of James R. Dickinson – 909-848-8448
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