View Full Version : Hit in the face by store display
cre1968
Nov 1, 2013, 05:11 PM
A store display fell apart hitting me and cutting my upper lip through to the inner lip. Do I have a case?
Alty
Nov 1, 2013, 05:23 PM
How many days of work did you miss because of this? What medical bills did you incur?
excon
Nov 1, 2013, 06:00 PM
Hello c:
Do I have a case?You do. Do you have the money for a lawyer?
excon
ScottGem
Nov 1, 2013, 06:04 PM
A case of what? Did you file a claim with the store to reimburse you for any medical or other expenses? Or do you think that you can make a big score on an accident?
Fr_Chuck
Nov 1, 2013, 09:02 PM
Did you report this to the store ? Did they pay for your medical bills, pay for any lost work ?
Also, why did it fall apart, where were you when it happenend.
cre1968
Nov 1, 2013, 11:43 PM
I was standing in front of the display, I was am not working as I am disabled, I did file a report with mgmt because they had to get me ice and napkins to stop the bleeding as I bled the entire time and did not stop until well after my arrival home which is 15min from the store. My lip is swollen and bruised and my tooth aches.and I will be going to the dr/dentist.
cre1968
Nov 1, 2013, 11:46 PM
And the display fell apart because it was not put together properly/securely.
You may be able to submit your dental claim to the store to offset any out-of-pocket expenses. However, if you are not disabled due to this incident, and you are not permanently injured, you do not have a "case."
excon
Nov 2, 2013, 04:15 AM
Hello J:
and you are not permanently injured, you do not have a "case."Nahhhh... Pain and suffering ARE compensable.
excon
joypulv
Nov 2, 2013, 04:17 AM
If you are covered by insurance, this gets complicated, and it's not worth getting the store to pay the bills unless it's a huge amount. Medicare and Medicaid, for example, will hold reimbursement to the doctors and dentists until a claim against the store is settled or not.
What will you get out of it? Nothing.
You can try to sue in Small Claims for some sort of solid pain and suffering such as you couldn't go to a job interview, but not all places accept such claims as being too hard to prove, and you might lose anyway, if the court decides that you didn't suffer enough to award damages. And there's a fee to file of about $50, which you only get back as part of the award if you win.
AK lawyer
Nov 2, 2013, 07:02 AM
... cutting my upper lip through to the inner lip....
... ice and napkins to stop the bleeding as I bled the entire time and did not stop until well after my arrival home which is 15min from the store. My lip is swollen and bruised ...
It's not clear whether this was an external wound, which would require plastic surgery, or a wound only on the interior surface of the lip, which presumably would not. It would make a substantial difference, I think.
ScottGem
Nov 2, 2013, 09:16 AM
I was standing in front of the display, I was am not working as I am disabled, I did file a report with mgmt because they had to get me ice and napkins to stop the bleeding as I bled the entire time and did not stop until well after my arrival home which is 15min from the store. My lip is swollen and bruised and my tooth aches.and I will be going to the dr/dentist.
So you filed a report with mgmt. Did they offer to call an ambulance? Did you decline? Again, did you file a claim with the store's insurance?
How do you know the display was not assembled properly?
Botton line here is you need to do this right before you file suit. You need to file a claim for your medical bills with the store. You need to prove you have lost money as a result of the incident. And you need to be able to prove the display was not assembled properly.
cre1968
Nov 3, 2013, 06:48 PM
I was cut on my outer lip, just below my nose and the cut went through to my inner lip. The display was a vacuum and the top and canister was not screwed/fastened and the top fell off and hit me in the face when I reached up to touch the vacuum.
ScottGem
Nov 3, 2013, 07:13 PM
That doesn't change what I've said before. The first thing you need to do is file a claim with the store insurance carrier to reimburse you.
Only if they don't reimburse you for your losses will you need to sue. At that point you consult an attorney,