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Injury To Customer In Home Goods Store

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Injury To Customer In Home Goods Store

Postby Georg » Tue Nov 29, 2016 7:24 pm

Today I went into a large Home Goods store which sells not only clothing but house hold items.  In the far back of the store they have a ledge in which they stack/lean multiple pictures/frames/mirrors without a guard bar(to keep them from falling.  It is almost as thought they try to manipulate the space to fit as much as they can in one spot.  I intended on looking at a beautiful print that another couple was eyeing.  When the couple stepped to the side I smiled and lightly placed my hand on this 6 foot 20 lb picture that came crashing off the ledge onto my right Big toe.  After falling to the floor, crying no less the couple ran over to help me.  A security officer happened to be right there unbeknown to me.  After removing my shoe I noticed that my acrylic toe nail was split down the center and that I had some immediate swelling.  As the night has gone on my entire toe is black and blue with LOTS of swelling.  I am unaware if it is broken or not.  A manager took a report and gave me an insurance claim number.  They did not however, specify if I had to see a Doctor on their plan or if I could go to an urgent care center of my choice.  I definitely need to see a Dr. in the morning.  I cannot sleep do to the throbbing and I am getting numb shocks up my leg.(almost as if my foot were asleep).  What grounds to I have for pain.  I know people have been hurt far worse than what i am going through however, it is going to be some time before I can wear a tennis shoe or flip flops.....let alone heels.  I would greatly appreciate any advice you can give to me.  Please note that the manager did agree that they were intending to put up guards in order to prevent this very thing from happening.  I am not trying to stick it to the store however, would like to be compensated for my discomfort.

Thank you in advance for any of your expertise.
Georg
 
Posts: 44
Joined: Sat Feb 01, 2014 4:03 pm

Injury To Customer In Home Goods Store

Postby Foluke » Thu Dec 01, 2016 5:34 am

Go see a doctor, preferably an orthopedic specialist or podiatrist as soon as possible. They are not going to send you to a doctor or even provide the name of a doctor and, at the outset, they will not pay for it either. You need to get examined and treated for whatever injury you have, on your own. Retain all medical records and bills. When you know the full extent of the injury and how long you will be affected by it...several weeks at least I am sure, then you have a final medical exam to complete the medical story.....and then you begin negotiation with the insurance adjuster. I am sure they will at the least reimburse you for any out of pocket medical expenses that you can document. Then it is a matter of placing a value on your general damages(pain and suffering). Be prepared for them to deny you general damages by claiming the accident was your fault.....you are the one who dislodged the picture.......no one else had been hurt that way. You of course argue that the way the picture was stored there, it created a "forseeable risk of harm" to customers such as yourself. The way it was stored in effect "invited" customers to self shop which required moving those pictures around. So then pick some arbitrary method out of the hat, maybe $500/week value to the general damages.  They will offer far less. Tell them you have a lawyer ready to file the case. Keep going until you get their "best" take it or leave it offer. Then take the settlement or maybe sue in Small Claims Court for the maximum amount permitted. Good luck.
Foluke
 
Posts: 49
Joined: Sat Jan 18, 2014 11:09 am


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