My rights on an accident in a national store

Asked over 1 year ago - New York, NY

I was in a vitamin store (national chain) in April 2011. I bent down to pick up a protein bar and a wooden shelf fell, holding a few packs of energy drink can, fell on my back. I left the store and came back in ten minutes and asked the manager to call an ambulance. I went to the hospital's ER (have all the documentation). SInce this event I have been having unbearable back pain

Additional information

Correction: it was in April 2012

Attorney answers (11)

  1. Gregory Scott Gennarelli

    Pro

    Contributor Level 14

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    Answered . These are difficult cases and very fact specific. While this type of incident should not happen, they do. Proving that the store knew or should have known about a hazard, or that the the shelf wasn't properly secured is another matter. Many times, a store will claim that there was no history if problems with the shelf, or that someone could have come in just moments before and knocked it loose. You should contact an attorney as soon as possible to investigate the specific circumstances surrounding your incident.

    New York Plaintiff's Personal Injury Attorney Serving NYC, Long Island, Westchester and the surrounding areas.... more
  2. Dean P Murray

    Contributor Level 18

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    Answered . The store may have been negligent if not reckless with respect to the maintenance of their shelves. If you are having back pain, you should see a doctor. Once that it being addressed, should yourself to contact a New York licensed lawyer, whether myself or one of my colleagues.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. Craig A. Post

    Contributor Level 17

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    Answered . There is no question posed but presumably you want to know if you have a case. The answer is maybe. If the store is found to have been negligent in maintaining the shelf, created the condition or had notice of it, then the answer is yes. You must consult with a personal injury attorney in your area who can investigate the matter and determine if the store was negligent. Get further treatment for your back. An insurance company or jury will not compensate for injuries that would have otherwise responded to treatment.

    Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it... more
  4. Joyce J. Sweinberg

    Pro

    Contributor Level 16

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    Answered . You need to consult with a local attorney. Check here on avvo in the find a lawyer section. Good luck!

    I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you. Joyce... more
  5. Chris Matthew Limberopoulos

    Contributor Level 16

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    Answered . Retain a lawyer immediately.

  6. Michael J Palumbo

    Pro

    Contributor Level 19

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    Answered . What was your treatment?

  7. Yefim Rubinov

    Contributor Level 17

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    Answered . Did the manager or anyone else make an incident report? What are your injuries? Have you done any MRIs since the incident? Did the insurance Company of the Store called you?

    With respect to liability or them being negligent is fact specific and you should consult a lawyer.

  8. Rafael Omar Gomez

    Contributor Level 10

    5

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    Answered . You should consult with a personal injury attorney as soon a possible to discuss the possibility of a claim.

  9. James D. Kiley

    Contributor Level 13

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    Lawyers agree

    Answered . Why did the wooden shelf fall? You have the burden of proof to show that the store was negligent. To prove negligence you must either show that the store created a dangerous condition ( perhaps by overstocking the shelf) or was on constructive notice of that dangerous condition.

    This communication does not create an attorney/client relationship. My firm is a second generation family firm... more
  10. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Then you would want to retain a local personal injury lawyer to investigate.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  11. Brian C. Pascale

    Pro

    Contributor Level 18

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    Answered . Aside from the initial ER treatment what other medical care did you receive.

    Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does... more

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