Costco Display Lawsuit: Your Rights After a Store Injury

When you walk into a big-box store like Costco, you expect a safe shopping experience. You are focused on finding good deals, not on avoiding falling merchandise. Yet, as a recent lawsuit highlights, a simple shopping trip can turn into a life-altering event in a matter of seconds. A new report from USA Today details a lawsuit filed by a Santa Rosa woman, Sadie Novotny, who is seeking over $14 million from Costco after a heavy liquor display cabinet allegedly fell on her, causing catastrophic injuries, including a traumatic brain injury (TBI).

This case, which has been moved to federal court in Northern California, sheds light on the serious responsibilities warehouse stores have to protect their customers. The lawsuit claims Costco was negligent in how it managed its merchandise and displays, failed to train its employees properly, and is responsible under both premises liability and product liability laws.

At Walch Law, we know that injuries in large retail stores are unfortunately common. Understanding the legal principles behind a case like this is crucial for any shopper who is hurt due to a store’s negligence. This incident serves as a critical reminder of your rights and the steps you must take to protect yourself.

The Legal Duty of Big-Box Stores like Costco

In California, property and business owners are not just expected to keep their floors clean; they have a legal duty to maintain their entire premises in a “reasonably safe condition.” This is the core of premises liability law. For a massive warehouse store like Costco, this duty is extensive and includes several key responsibilities.

Duty to Inspect and Maintain

Costco has a duty to regularly inspect its aisles, shelves, and product displays to identify any potential hazards. This isn’t a passive responsibility. They must actively look for dangers, such as unstable displays, precariously stacked merchandise, or items that could easily fall. The lawsuit against Costco alleges the liquor cabinet was on a worn wooden pallet and had thin legs, making it a “dangerous and/or precarious” hazard that a proper inspection should have identified and corrected.

Duty to Secure and Manage Merchandise

Warehouse stores are known for their towering shelves and bulk product displays. This method of merchandising creates a significant risk if not managed correctly. Stores have a duty to ensure that all displays, especially heavy ones like furniture or cabinets, are properly secured, stable, and able to withstand normal interaction from customers. When a heavy item falls “without warning,” as alleged in the Novotny case, it strongly suggests a failure in this duty.

Duty to Warn of Dangers

If a store knows, or should know, about a hazard that it cannot immediately fix, it has a duty to warn customers. This could mean roping off an unsafe area, placing clear warning signs, or having an employee monitor the hazard. A simple “be careful” is not enough when a real, foreseeable danger exists.

Multiple Legal Theories: Premises vs. Product Liability

The lawsuit against Costco brings claims for both premises liability and product liability, which are two distinct but related legal concepts.

• Premises Liability: This focuses on the store’s negligence in maintaining a safe environment. The claim is that Costco’s actions—or lack thereof—created the dangerous condition (the unstable cabinet display) that led to the injury. This includes the claim of negligent training and supervision of employees responsible for setting up and monitoring these displays.
• Product Liability: This focuses on the product itself. If the liquor cabinet was a floor model intended for sale, a product liability claim could argue it was defectively designed or manufactured. For example, if its design made it inherently top-heavy and unstable, both the manufacturer and the seller (Costco) could be held liable for placing a defective product into the stream of commerce where it could harm someone.

By pursuing multiple legal angles, the plaintiff’s attorneys are building a comprehensive case to hold Costco accountable for every potential failure that contributed to this tragic incident.

Understanding the Damages in a Serious Injury Case

The lawsuit seeks over $14 million in damages, a figure that reflects the devastating impact of a traumatic brain injury. When we evaluate the value of a case, we look at several categories of damages, all of which are present in this lawsuit:

• Medical Expenses (Past and Future): This includes all costs for emergency care, hospitalizations, surgeries, doctor visits, and medications to date. Crucially, it also includes a projection of all future medical care needed, which for a TBI can involve lifelong cognitive therapy, rehabilitation, and attendant care, valued at $2 million in this case.
• Lost Earnings and Loss of Future Earning Capacity: This covers the income lost while the victim is unable to work. More significantly, it covers the loss of the ability to earn money in the future. A TBI can prevent a person from ever returning to their previous career, leading to millions of dollars in lost future income, estimated at $2 million in this lawsuit.
• Pain, Suffering, and Emotional Distress: This is compensation for the immense human cost of the injury. It includes physical pain, mental anguish, anxiety, depression, and the loss of enjoyment of life. A brain injury can fundamentally change a person’s personality, relationships, and ability to experience joy. The lawsuit seeks a combined $10 million for these non-economic damages.
• Loss of Household Services: This compensates the family for the value of the tasks the injured person can no longer perform, from childcare and cooking to home maintenance, valued here at $10,000.

Critical Steps to Take After an Injury at a Store

If you are ever injured in a Costco or any other retail store, the actions you take in the immediate aftermath are vital for your health and any future legal claim.

1. Report the Incident Immediately: Do not leave the store. Report what happened to a store manager and insist on filling out an official incident report. Request a copy for your records.
2. Document the Scene: Use your phone to take extensive photos and videos of the exact location where you were injured. Capture what caused your injury (e.g., the fallen object, the wet floor), the surrounding area, any lack of warning signs, and your visible injuries.
3. Identify Witnesses: Get the names and phone numbers of any other shoppers or employees who saw what happened. Their independent testimony can be invaluable.
4. Seek Immediate Medical Evaluation: Adrenaline can mask the severity of an injury. Go to an emergency room or urgent care right away. This is especially critical with head injuries, as symptoms of a concussion or TBI can be delayed. Tell the doctor exactly how you were injured.
5. Preserve Evidence: Keep the shoes and clothing you were wearing in a safe place. Do not wash them. Also, keep your receipt from the shopping trip as proof you were lawfully on the premises.
6. Do NOT Give a Recorded Statement: The store’s insurance company will likely contact you quickly. Be polite, but decline to give a recorded statement until you have spoken with an attorney. Their goal is to get you to say something that minimizes their liability.

How Walch Law Can Help With Your Shopping Injury Lawsuit

Incidents like the one at Costco show that even a routine errand can lead to a life-changing injury. Pursuing a claim against a massive corporation and its powerful insurance company is not something you should do alone. They will use their vast resources to deny responsibility and challenge the severity of your injuries.

The legal team at Walch Law has over 45 years of experience successfully litigating claims against large corporations. We know how to investigate these incidents, preserve critical evidence (including store surveillance footage), and hire the necessary experts to prove negligence. We work tirelessly to build a powerful case that demonstrates the full extent of your damages and fight for the maximum compensation you deserve.

If you or a loved one has been injured while shopping, do not wait. Contact Walch Law today for a free, confidential consultation. We will listen to your story, evaluate your claim, and explain how we can fight for you. You pay nothing unless we win your case. 1-844-999-5342