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
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.
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.
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Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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.
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.
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