Retail Injuries · Fort Lauderdale

Fort Lauderdale store & retail injury lawyer.

A box of merchandise slides off a high shelf at the warehouse club. A display rack tips over while you reach for an item. A stack of stock left in the aisle gives way. These are not your fault — they happen because a store overloaded a shelf, built a wobbly display, or stacked product too high and walked away. For 40 years, Robert DiStefano has held Broward stores accountable when their own choices put a customer in the emergency room. Free, confidential, same-day case review. No fee unless we recover for you.

  • 40+ yearsFlorida personal injury
  • $100M+ recoveredfor Florida accident victims
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Hurt by falling merchandise or a bad display

A Fort Lauderdale store injury lawyer for when the products fall on you

You went to the store to buy something. You did not expect a heavy box to come off the top shelf, a display to collapse, or a pallet of stock to slide into you. The injuries are often serious — head wounds, broken bones, crushed hands, neck and shoulder damage — and they are almost never the shopper’s doing. A Fort Lauderdale store injury lawyer looks at one core question: did the store create or allow a dangerous condition, then fail to fix it or warn you? In the aisles of a big-box store or warehouse club, the answer is often yes — and the proof is usually in the store’s own paperwork.

Falling-merchandise cases are different from a simple wet-floor slip. The danger is not on the ground — it is overhead and on the racks. Stores choose how high to stack product, how much weight to load on a shelf, how to secure a display, and how to keep top stock from sliding. When they cut corners on any of that, customers get hurt, and the fight is proving the store made the choice that caused your injury.

That proof tends to live in records the store controls: the incident report a manager fills out, the surveillance video of the aisle, inspection logs, and the stocking practices for that department. Those records can answer your whole case — or quietly disappear if no one demands them in writing. Reach out before that paperwork goes missing; the call is free, and the first move is the legal notice that forces the store to preserve it.

The Florida law behind a falling-merchandise case

The rules that decide whether the store has to pay

Store and retail injury claims turn on a few specific Florida statutes and on an old common-law rule about what a business owes its shoppers. Here are the ones that matter most when merchandise or a display causes the harm.

Fla. Stat. § 768.0755

You must prove the store knew

This statute controls injuries from a transitory foreign substance in a business — classically a spill, but it reaches the loose stock, fallen product, and merchandise debris that ends up where it should not be. To win, you generally have to show the store had actual or constructive knowledge of the danger. Constructive knowledge means the hazard existed long enough, or happened so often, that the store should have caught and fixed it. The store’s own incident report and inspection logs are often what prove that knowledge.

Common-law duty by visitor status

How much the store owed you

Florida still sorts visitors by category. As a paying shopper — what the law calls an invitee — you are owed the highest duty of care: the store must keep the property reasonably safe, inspect for dangers you cannot see, and warn you of hidden hazards. An unstable display or an overloaded shelf is exactly the kind of danger a store is required to find and fix before it hurts a customer.

Negligent stacking & display

When the store itself created the hazard

Often the store does not merely fail to notice a hazard — it creates one: stacking boxes too high, overloading a rack past its rated weight, building a wobbly end-cap display, or leaving stock teetering on a top shelf. When the store’s own conduct made the danger, the focus shifts to whether the business acted reasonably. Proving how the product was stocked and secured is the heart of these claims.

Fla. Stat. § 768.81 amended 2023

The 51% fault bar

Stores love to argue the injury was your fault — you reached for the top shelf yourself, you pulled the wrong box, you ignored a sign. Under Florida’s modified comparative negligence rule, if a jury finds you more than 50% at fault, you recover nothing. Below that line, your recovery is reduced by your share of blame. Expect the insurer to push your fault as high as it can, and expect us to push back with the facts.

Fla. Stat. § 95.11(4)(a) amended 2023

Two years to file

The 2023 reform (House Bill 837) cut the deadline for most injury claims, including store and retail injuries, from four years to two years from the date you were hurt. Miss it and the court can throw out even a strong case. Because the store’s video and stocking records vanish fast, waiting is the most expensive mistake you can make.

This page provides general information about Florida law and is not legal advice. Statutes and case law change; your specific case requires a consultation.

Where these injuries happen in Broward

We know these stores because we shop them too

A store injury case is local. How a chain stacks its stock, how high it builds its displays, and how long it keeps its cameras rolling all shape your claim. Here is where we see Broward shoppers get hurt by merchandise and fixtures.

Warehouse clubs & big-box stores

  • Federal Highway & University Drive — the big-box and home-improvement stores along these corridors stack heavy stock on steel racks two and three stories up
  • Top-shelf merchandise — boxes, paint, lumber, and bulk goods stored overhead, where one shifted pallet can drop product onto the aisle
  • Forklift & restocking aisles — injuries that happen while crews move stock during open hours, with shoppers right below

Malls & large retail

  • Sawgrass Mills — one of the busiest malls in the country, where crowded end-caps, overstuffed shelves, and seasonal displays create real risk
  • End-cap & promotional displays — stacked-product towers and freestanding racks that tip when they are built fast and never re-checked
  • Surveillance coverage — large stores record nearly everything, which helps you — if the footage is demanded before it loops over

Neighborhood supermarkets

  • Local grocery chains — canned-goods pyramids, stacked cases of water and soda, and top-shelf overstock that comes down on a reaching customer
  • Incident reports — the manager’s written report of what fell and why is often the single most important document in your case
  • Aisle inspection logs — the record of when staff last walked and straightened a section can prove the store should have caught the hazard

Forty years in Broward means we know how these chains stock their shelves, which ones keep real inspection logs, and how long their cameras hold footage before it disappears.

Why DiStefano Law

Robert handles your store injury case himself

At a lot of firms, your case gets handed to a case manager and you barely speak to a lawyer. That is not how we work. Robert DiStefano has practiced Florida personal injury for more than 40 years, and he is the one who reviews how you were hurt, sends the preservation notice, deals with the insurer, and decides strategy. Taking on a national big-box chain is not a fair fight unless your lawyer has done it before.

You pay nothing up front. We take store and retail injury cases on contingency — no fee unless we recover for you — and the first case review is free. See related case results →

01

Tell us what happened

Call or send the form. We answer your questions and give you a candid assessment of whether you have a case — same day, at no cost to you.

02

We race to save the proof

We send written notice that forces the store to preserve its incident report, surveillance video, and inspection and stocking records before they vanish — then we lock down witnesses.

03

We prove the store caused it

We show how the merchandise was stacked or the display was built, beat back the “your fault” argument, and fight for full value in settlement or at trial.

Hurt a different way on the property? We also handle slip and fall claims and amusement and recreation injury cases, which raise their own evidence and liability questions.

Store injury questions, answered

What hurt Broward shoppers ask us most

A product fell off a shelf and hurt me. Does the store have to pay?
Not automatically — but you may well have a strong claim. The store does not owe you money just because something fell. You generally have to show the store either created the danger (stacking product too high, overloading a shelf, building an unstable display) or knew about it and failed to fix it. Falling-merchandise cases are often easier to prove than they feel, because how the store stocked and secured that product is something the store controls and documents. We dig into the stocking practices, the inspection logs, and the video to show the store’s own choices put that box where it could fall on you.
How do I get the store’s incident report?
You usually cannot get it on your own — and that is exactly why it matters. When you are hurt in a store, a manager almost always fills out an internal incident report describing what happened. Stores rarely hand that over to a customer who asks, and many will say it is confidential. Once we are involved, we demand it in writing and, if a lawsuit is filed, we can compel it through the formal discovery process. That report often locks in the store’s own version of events the same day — before anyone has a reason to shade the story — so getting it preserved early is critical.
Can I sue a big national chain, or are they too big to fight?
You can absolutely bring a claim against a national big-box or warehouse chain, and being large does not make a store harder to hold accountable — it often means better records and real insurance to pay a fair recovery. What it does mean is that the chain has experienced lawyers and adjusters whose job is to minimize your claim. That is why you want a lawyer who has gone up against these companies before. Robert has handled injury claims against major retailers for decades and knows how they defend these cases and where their stocking and safety records live.
What evidence actually matters in a falling-merchandise case?
The records the store controls do most of the work. The incident report shows what the store said happened right away. Surveillance video can show how the product was stacked, whether it was already unstable, and whether staff walked past it. Inspection and stocking logs show whether anyone checked that section and how the goods were loaded. Photos of the scene, the actual product that fell, and your medical records tie it together. The catch is that video and internal records can disappear within days or weeks, so the single most important step is sending a legal preservation demand fast — before that evidence is gone.
What if the store says I caused it by reaching for the item?
Expect that argument — it is the standard retail defense, and it does not end your case. Under Florida’s modified comparative negligence rule, your recovery is reduced by your share of fault, and only if a jury finds you more than 50% at fault do you recover nothing. Reaching for a product a store displayed for sale is normal shopping, not negligence, and a store cannot stack goods in an unsafe way and then blame the customer who tried to buy one. We push back with the stocking records and the video to keep your share of blame where it belongs — on the store that created the hazard.
Client reviews

What clients say about working with us

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“The best lawyer in South Florida. Thank you DiStefano for all the hard work that you and your team have done to get me amazing results.”

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Free · confidential · same-day

Talk to a Fort Lauderdale store injury lawyer today

Tell us what fell and where it happened. The review is free, and you pay no fee unless we recover for you — but the store’s video and records clock is already running.

(954) 572-8000
Robert DiStefano, Esq. · Fort Lauderdale