I was injured in a grocery store today and had to go to the hospital for an abrasion on my head, do I have a case?

Asked over 2 years ago - Taylor, MI

I was shopping with my sister and in the frozen dept. they had a canopy that was on display over top of the isle. I walked under it to get something and the metal frame tore the skin off the top of my head and cut it open, I almost past out, the worse pain I've ever felt. The manager took a report and told me the corporates will be calling me. I took pictures of the canopy with my skin still hanging off it and pictures of my head as well and then went to the hospital to get patched up. I've taken Moltrin that the hospital gave me but it won't make the pain go away, It happened at ALDI. Are they held accountable?

Attorney answers (2)

  1. Gregory M. Janks

    Contributor Level 12


    Lawyer agrees

    Answered . As a general rule premises owners are liable to invitees who are injured on the owner's premises, but only if the owner was somehow negligent or created a dangerous condition. There is a rule in Michigan that if a condition of a premises is "open and obvious" that the premises owner has not duty to the invitee as to such a condition as it is presumed the invitee can avoid an obvious danger.

    The open and obvious defense would not apply to a contractor that installed a hazardous device on the premises.

    Your case against Aldi would be arguable, but probably tough. Although if you engage them in conversation about paying medical bills and any other economic losses, it is possible they may pay without regard to the open and obvious doctrine. It is also possible they have a medical pay policy that may cover your medical bills without regard to arguments about fault.

    If an outside contractor improperly installed the canopy/structure, you may have a claim against them.

    However, whether the claim is economically worth a lawyers time really depends on the extent of your injury, scarring, medical treatment, permanency of injuries, etc.

  2. John Gus Zgourides

    Contributor Level 17

    Answered . Sounds like you can prove notice. Do what the doctors tell you and talk to a MI personal injury trial lawyer instead of the store or its insurer.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more

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