Case Study: Why a Potato Bin's Placement—Not the Warning Labels—Led to a Major Jury Verdict in Indiana.
Preparation Meets Persistence
At Shaw Law, we pride ourselves on preparation, creativity, and persistence. But even in the most hard-fought jury trials, the story sometimes turns on a detail no one expected. Our recent $600,000 verdict against Walmart in Hamilton County, Indiana, is a perfect example of how strategic focus on premises liability wins major cases.
This verdict confirms a critical lesson for personal injury victims: large corporations will fight even small claims, but a skilled trial team can expose their negligence and achieve justice.
Negligence in the Aisleway
Our 68-year-old client suffered a significant shoulder injury after tripping over a pallet corner connected to a large potato "Gaylord bin" at a Fishers Neighborhood Walmart.
Walmart valued this claim at only $11,000. We saw a clear case of premises liability negligence. Our core legal argument initially focused on the bin itself: Walmart’s corporate warnings, designed to draw eyes to sharp pallet corners, were sliced directly through by store employees. We believed this disregard for safety warnings was the smoking gun.
What the Jury Actually Cared About: The Unreasonable Hazard
In litigation, you always learn from the jury. What they cared about was not the cut labels, but the location of the bin: it extended a full two feet into the aisleway near the entrance, creating an unreasonable, predictable hazard.
This key takeaway is crucial for all personal injury claims: a dangerous condition created by a store's placement of merchandise is direct evidence of negligence. Fortunately, Attorney Sky Shaw’s team mentioned this fact at trial, and the jury agreed that this placement alone constituted an unreasonable hazard, proving the store's liability.
Beating Walmart’s Defense
Walmart argued its own corporate display materials were mere "recommendations," not requirements.
Attorney JJ Shaw countered this defense by using a "stepping-stone liability" argument in closing:
Every single deviation from Walmart’s promotional materials was unreasonable. To find for Walmart, the jury would have to conclude every single deviation was reasonable.
The jury found the pattern of deviations proved negligence. We prioritize presenting multiple angles of negligence (from poor training to unsafe placement) to ensure the jury finds liability, even if they fixate on one specific detail.
Teamwork and Co-Counsel Success
This victory was a significant team effort:
- Attorney JJ Shaw chose to go with the retail expert and handled the human-factors argument himself.
- Attorney Sky Shaw conducted a thorough digital investigation of the jurors.
- Attorney Adil Shah, who sought our firm as co-counsel, handled the plaintiff and lay witnesses with remarkable skill, especially impressive given that this was his first trial.
Our combined efforts, from evidence preparation to witness handling, secured this win.
Why Details and Persistence Win Serious Injuries
This case involved a significant shoulder injury. Walmart's final attempt to avoid accountability was to attack our client's credibility by implying she wasn't wearing her eyeglasses.
Persistence paid off: We located a single, grainy still image from store video proving she was wearing them. Jurors later cited this attempt by a corporation to mislead them as significantly influencing their verdict. This is why meticulous investigation and challenging corporate defenses are non-negotiable in personal injury law.
Furthermore, we were able to confidently argue for the full impact of damages—including chronic pain and incomplete recovery from conditions like a rotator cuff tear—leading the jury to award a substantial $600,000 verdict.
Injured in a store or on someone else's property? Don't let corporations undervalue your claim. Contact Shaw Law today for a FREE consultation and put a trial-ready team on your side.