Can I sue Pepsi for stocking their crates too high causing me an injury?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue Pepsi for stocking their crates too high causing me an injury?

Pepsi stocked a pallet at 99 cents only stores where I work, with crates holding 8 2-
liter sodas too high about 6 ft high give or take a few inches. I reached for a crate
and it tipped the one below it forward and it fell on my bad knee. Knee ended up red
and really swollen. Doctor put me on crutches. I did workers comp but someone
asked me if I could sue Pepsi… So I’m curious.

Asked on March 9, 2017 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, as you probably know, you could not sue the store (your employer) for the injury if you took worker's comp: you are allowed to sue your employer or get worker's comp, but not both.
Second, you almost certainly could not successfully sue the manufacturer for how they stacked their pallets, since those were stacked for shipping. Once it got to the store, it was out of the manufactuer's hands and the store could put them out, display, stack, etc. them however the store wanted; the manufacturer is not responsible or liable for the store's decision to put the pallet out as is.
Third, even if you could sue, you can only sue for the degree to which the impact made your "bad knee" worse--not for anything due to the evidently pre-existing condition you had. And you would need to hire a doctor to testify, which can potentially cost thousands of dollars if you go to court. For a red and swollen knee which already had issues, you could spend more on the lawsuit than you'd get back.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, as you probably know, you could not sue the store (your employer) for the injury if you took worker's comp: you are allowed to sue your employer or get worker's comp, but not both.
Second, you almost certainly could not successfully sue the manufacturer for how they stacked their pallets, since those were stacked for shipping. Once it got to the store, it was out of the manufactuer's hands and the store could put them out, display, stack, etc. them however the store wanted; the manufacturer is not responsible or liable for the store's decision to put the pallet out as is.
Third, even if you could sue, you can only sue for the degree to which the impact made your "bad knee" worse--not for anything due to the evidently pre-existing condition you had. And you would need to hire a doctor to testify, which can potentially cost thousands of dollars if you go to court. For a red and swollen knee which already had issues, you could spend more on the lawsuit than you'd get back.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption