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nitevette · Sep 4, 2006, 08:13 PM

My daughter was injured in a local store while shopping. A large, heavy box fell on her and hit inside her arm. Her arm is now swollen and extremely painful. She can't use it, and can 't drive. She didn't fill out a report in the store when it happened because she thought that she would be fine. It's been 3 weeks now and it's killing her. She did speak to a mgr. of the store who told her she needed to come in, fill out a report, then they would sit down with her and go over the videotape from that night. She explained that she wasn't able to drive due to the injury. The mgr. told her that was her problem. She's 24 yrs. Old and isn't certain what to do about this. She has been told that she needs to go in and fill out the report right away - but I'm not certain that is such good advice. Of course I'm looking out for her best interest. Any help or advice would be appreciated.

jimfun71 · Sep 4, 2006, 08:19 PM

She needs to go to the store. The store can't do anything unless she talks to them. She should also call an attorny. If she can't drive then she should have a friend take her. If the store deletes the tape then she will have no case at all. The tape needs to be secured. Also if the arm is that painfull she needs to go to a doctor.

excon · Sep 5, 2006, 06:31 AM

Hello evette:

If a lawsuit is contemplated, she absolutely should NOT talk to the store. She DOES need to see a doctor, and she DOES need to see an attorney. An attorney will take the case on a contingency basis. That means she won't have to pay a penny unless she looses. Let the lawyer deal with the store.

She should shop carefully for a laywer, but she should have her pick.

excon

CaptainForest · Sep 5, 2006, 07:43 PM

I agree with jimfun71.

First, if she is still in THAT much pain after 3 weeks, she NEEDS to go see a Doctor IMMEDIATELLY.

Even a trip to your local ER, but she needs to get checked out now!

As for the store. She needs to go there. Get a friend to drive her, you drive her, have her take a bus. But if she doesn't get a report filed out now and they go and delete the video tape, she is screwed.

excon · Sep 5, 2006, 08:06 PM

Hello again, evette:

I agree with the other posters about the value of the tape. The question is how best to preserve it. Other than to get a copy of the tape, what else does she have to talk to the store about? She'll say she fell (or something fell on her), they'll say she didn't. As a matter of fact, she has NOTHING to gain from speaking with them and everything to lose. They'll write down what she says, and I promise you, it will be used against her - not for her. She doesn't need a REPORT from them. They owe her no obligation regarding the tape either. They don't have to show her the tape. They don't even have to keep the tape. She, by herself, holds no sway over the store.

On the other hand, a lawyer can file a subpoena duces tecum along with his law suit, MAKING SURE the tape is preserved as evidence and produced.

That's my view of it, anyhow.

excon