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I fell coming out of Lowe's,i walked in between the snow blowers that were displayed if it got videoed on their cameras do i hav

Bridgewater, MA |

i fell down coming out of LOWE'S i walked in between snow blowers were displayed did not see wire that they were attached to tripped over that. i did not report it at the time felt ok, as days went by my back started to hurt me,i have a hernaited disc.if LOWE'S has it videoed from their cameras do i have a case

Attorney Answers 7

  1. Yes - you may have a claim. You should contact a personal injury attorney in your community. Make sure to get the names and contact information for any and all witnesses. You need to contact Lowe's and demand that the video be preserved.

  2. Consult with local and qualified counsel asap. In NY my opinion would be no case. Although the wildcard could be the video. Hopefully, it's still available. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  3. You may have a case. However, not reporting the injury when it occurred will go against you. Even if a video shows the wire tripping you, the defense will be that you did not report the incident because you were not injured at Lowes. The defense will also say that even though you have a herniated disc now, the herniation was caused by something after the incident at Lowes. If you successfully show that Lowes was negligent, you must still convince a jury that the herniated disc was caused at Lowes. If you make a good witness and come across as believable to the jury, you may have a case. Contact a personal injury attorney in your area immediately.

    This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

  4. Yes, retain a local personal injury lawyer to investigate this dangerous condition. Good luck.

    Only 29% Contingency Fee! Phone: 215-510-6755

  5. Speak to a lawyer. This is no substitute for a complete interview.

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  6. Without more information, it is not certain whether you have a case, but you should contact a personal injury attorney immediately to discuss your potential claim. A store usually only keeps a video for a certain number of days before it is erased and recorded over. If the store has no reason to believe you were injured or that you have a potential claim (i.e., they do not receive a letter from you or an attorney asking them to preserve the tape), it may not face any repurcussions by allowing the tape to be destroyed or written over.

  7. It appears that you may have case, but it is very fact specific as to whether or not you do. Was the area you tripped an open and obvious hazard? The hazard could be actionable under a "mode of operation" theory in that how lowes did business gave rise to what happened to you. Not reporting the loss soon does hurt your case but I don't think it is fatal.

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