Workman Car Accident & Personal Injury Lawyers | November 12, 2025 | Premises Liability
If you were injured at a Lowe’s store by falling merchandise, you may be entitled to compensation. However, to successfully sue the company, you’ll need more than just your story—you’ll need strong evidence to support your premises liability claim.
This blog breaks down the types of evidence that matter most in these cases, how to preserve them, and why acting quickly can protect your rights.
Why Falling Merchandise Accidents Occur
Retail stores like Lowe’s often stack products high on shelves to maximize space and display. If those items aren’t secured properly, they can fall and cause serious injuries. Common examples include:
- Boxes toppling off overhead shelves
- Tools or equipment falling from displays
- Heavy items slipping off improperly stacked pallets
These cases fall under a type of personal injury law called premises liability. That means the property owner (in this case, Lowe’s) could be legally responsible if their negligence contributed to the accident.
Types of Evidence You Need
To prove your case against Lowe’s, you must show that the company—or its employees—failed to keep the store reasonably safe. This usually requires gathering a mix of the following evidence types:
Incident Reports
Immediately after your injury, store management should complete an incident report. This document may include:
- A description of what happened
- Names of witnesses
- Information about the store employees present
Ask for a copy of this report. Even if they won’t give it to you, take note of who you spoke with and when.
Surveillance Footage
Most Lowe’s stores have security cameras. Footage might show:
- How the merchandise was stacked
- How long the hazard was there
- The actual moment of the incident
Because stores often delete footage within days or weeks, your attorney will need to send a preservation letter right away to stop the video from being destroyed.
Photos and Videos
If you’re able, take pictures or videos at the scene. Capture:
- The fallen item(s)
- Your injuries
- The surrounding area, including any warning signs—or lack thereof
Photos are powerful visual evidence that can support your version of events.
Medical Records
Your medical records will be crucial in proving the severity of your injuries. Keep all receipts, diagnoses, and treatment plans. These will be used to calculate your damages.
Witness Statements
Anyone who witnessed the accident or can describe the store conditions before or after could help your case. Get their names and contact information if possible.
Maintenance and Safety Records
A lawyer may also request internal records from Lowe’s, including:
- Cleaning and inspection logs
- Safety training materials
- Prior incident reports
These documents can help show whether Lowe’s had a pattern of similar issues or failed to follow proper safety protocols.
Proving Negligence
It’s not enough to show that you were hurt at Lowe’s. You must also prove that:
- Lowe’s owed you a duty of care as a customer.
- They breached that duty by creating or failing to fix a dangerous condition.
- That breach caused your injury.
- You suffered actual damages—like medical bills or lost wages.
Gathering the evidence listed above helps establish each of these elements.
How Long Do I Have to File a Premises Liability Lawsuit in Florida?
Florida’s statute of limitations for personal injury lawsuits is typically two years from the date of the injury. If you wait too long, you could lose your right to sue, even if you have a strong case.
That’s why it’s critical to speak with a lawyer as soon as possible. The sooner you act, the better your chances of preserving evidence and building a solid claim.
Contact Workman Car Accident & Personal Injury Lawyers for a Free Consultation With a Clermont Premises Liability Lawyer
If falling merchandise at a Lowe’s store caused your injury, don’t try to handle the legal process alone. These cases can be complex, particularly when involving a large company and its insurers.
Workman Car Accident & Personal Injury Lawyers is here to help you hold negligent parties accountable. For more information, please contact an experienced premises liability lawyer at Workman Car Accident & Personal Injury Lawyers for a free consultation.
We proudly serve Fort Lauderdale, Clermont, and its surrounding areas:
Workman Car Accident & Personal Injury Lawyers
633 S Andrews Ave Ste 401, Fort Lauderdale, FL 33301
(954) 361-3997
Workman Car Accident & Personal Injury Lawyers
1655 E Hwy 50 ste 316, Clermont, FL 34711
(352) 77-33866