Case Studies:
Premises Liability: Falling Merchandise and Head Injuries

Because Nelson Langer Nelson specializes in head injury and related cases, the firm has handled a number of matters involving falling merchandise. One such case involved Brian Pekowski*, who was injured in a Home Depot store when a worker attempted to retrieve some merchandise from a highly-stacked shelf which ultimately fell on Mr. Pekowski's head. He suffered a post concussive syndrome and related injuries. Mr. Pekowski was not insured, and because Home Depot, as a corporate policy, does not advance medical expenses to customers who may be injured in its stores, litigation had to be commenced. However, in a mediation before a former judge, the case was successfully resolved, with the settlement including both past and future medical expenses along with Mr. Pekowski's pain, suffering and inability to enjoy life damages.

Similarly, Debra Gregor* was a patron at a Target store in southern Washington, when stools stacked high upon a display fell and struck her on the head. Although Ms. Gregor sustained a concussion, she did not develop further symptomatology of traumatic brain injury. However, she did suffer traumatically-induced endolymphatic hydrops, a vestibular (or inner ear) disorder caused by the falling merchandise. Nelson Langer Nelson has found that traumatically-induced inner ear disorders are often confused with traumatic brain injuries. Each can mask the symptoms of the other, but medical treatment needs to be specifically oriented to the injuries suffered. Treatment for Ms. Gregor was prolonged and a lawsuit had to be filed. The case was resolved through formal mediation for Target's payment of two hundred fifty thousand dollars ($250,000).

* names changed