Hit by Falling Merchandise or Debris at Costco or a Big-Box Store? What California Shoppers Need to Know About Premises Liability Claims Arising From Falling Items

Walking through a warehouse store like Costco, most people are thinking about deals, not danger. But the same features that make these stores efficient — tall pallet racking, bulk stacking, forklifts moving product overhead — also create a real risk of falling merchandise. When a case of water, a shelf, a stacked pallet, or a heavy display comes down on a customer, the results can be severe: concussions, traumatic brain injuries, fractures, and even spinal injuries.

If you or someone you love was struck by falling merchandise at Costco or a similar retailer in California, here’s what you need to know about your legal rights.

Why Falling Merchandise Accidents Happen

Warehouse-format retailers stock differently than a typical grocery store or pharmacy. Instead of shelving individual items at eye level, stores like Costco commonly:

• Stack merchandise several pallets high on industrial racking
• Store bulk inventory directly above the sales floor where customers shop
• Rely on forklifts and pallet jacks operating near customer aisles
• Ask employees — and sometimes customers — to retrieve heavy items from upper shelves

Each of these practices raises the risk that a box, appliance, beverage flat, or entire display can shift and fall. Common causes include improperly secured pallets, overloaded shelving, damaged racking, poor employee training, and displays built without adequate support.

Is Costco Liable If Merchandise Falls on You?

In California, retailers have a legal duty under premises liability law to keep their property in a reasonably safe condition for customers. For a store stacking heavy merchandise overhead, that duty includes regularly inspecting shelving and displays, securing pallets and their merchandise properly, training employees on safe stacking and retrieval, and fixing known hazards before someone gets hurt.

To hold a store liable for a falling merchandise injury, you generally need to show:

1. A dangerous condition existed — an unstable display, overloaded shelf, or improperly secured pallet.
2. The store knew or should have known about it — through routine inspection, employee reports, or the sheer obviousness of the hazard.
3. The store failed to fix the hazard or warn customers within a reasonable time.
4. That failure caused your injury, or contributed to causing your injury.

Some falling-merchandise cases also involve product liability claims — for example, if a display fixture itself was defectively designed or manufactured, or if packaging failed in a way that caused items to shift and fall.

Real-World Cases Show These Injuries Are Serious

Falling merchandise cases aren’t rare or minor. Court filings and jury verdicts around the country illustrate the range of harm these accidents cause:

• A California woman filed suit against Costco seeking tens of millions of dollars after a heavy liquor display cabinet allegedly fell on her, causing a traumatic brain injury (actually my case).
• A Florida jury awarded over $1 million to a woman injured by falling merchandise — in that case, toilet paper — while shopping at Costco.
• Other reported cases involve customers assisting with loading heavy items into carts at an employee’s direction, resulting in serious injury even where the customer was partially at fault.

These outcomes underscore that when a warehouse retailer fails to manage the risks that come with its own stacking and display practices, courts and juries are willing to hold it accountable.

Common Injuries from Falling Merchandise

Depending on the weight of the item and the height it falls from, injuries can include:

• Traumatic brain injury or concussion
• Skull fractures or lacerations
• Neck and spinal cord injuries
• Broken bones, especially in the shoulders, arms, and collarbone
• Soft tissue and back injuries

Head and neck injuries are particularly common because most falling-object incidents happen while a person is standing or reaching, with little time to react.

California’s Comparative Negligence Rule

California follows a pure comparative negligence system. Even if you were partly at fault — for example, reaching into a display yourself — you can still recover compensation. Your total damages are simply reduced by your percentage of fault. This is different from states that bar recovery entirely once a plaintiff is found more than 50% at fault, so don’t assume a mistake on your part eliminates your case.

Statute of Limitations for Falling Merchandise Claims in California

Under California Code of Civil Procedure § 335.1, you generally have two years from the date of injury to file a personal injury lawsuit. Waiting too long will usually permanently bar your claim, so it’s important to speak with an attorney as soon as possible — ideally before evidence like surveillance footage is deleted or overwritten.

What to Do If You’re Hit by Falling Merchandise

1. Get medical attention immediately, even if the injury seems minor. Head and neck injuries can worsen over hours or days.
2. Report the incident to store management and get a copy of the incident report.
3. Take photos of the merchandise, the display or shelving involved, and your injuries.
4. Get witness names and contact information if other shoppers saw what happened.
5. Avoid signing anything the store offers on the spot, including quick settlement offers or liability waivers.
6. Contact an experienced premises liability attorney before giving a recorded statement to the store’s insurer.

How a California Premises Liability Attorney Can Help

Falling merchandise cases often turn on evidence the store controls — surveillance video, inspection logs, employee training records, and prior incident reports. An experienced attorney can send preservation letters before that evidence disappears, investigate how the display or stacking practice failed, bring in retail safety experts if needed, and negotiate with the store’s insurer or litigate the case if a fair settlement isn’t offered.

If you’ve been injured by falling merchandise at Costco or another retailer in California, you don’t have to navigate the claims process alone. Contact our office for a free consultation to discuss what happened and what your case may be worth. You can call us at (415) 432-7290.

This blog post is for informational purposes only and does not constitute legal advice. Every case is different — contact an attorney to discuss the specific facts of your situation.