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My rights on an accident in a national store

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

Correction: it was in April 2012

Attorney Answers 11


  1. 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 intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response may change appropriately.


  2. 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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.


  3. 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. The information provided herein is not, and is not intended to be, legal advice. The content herein is for information and educational purposes only, and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists. For legal advice, please consult with an attorney. While this posting is made for informational purposes only for the AVVO community, to the extent one seeks to contact me based on the content herein, or that this may be viewed by some to be attorney advertising, please be advised of the following: *Attorney Advertising


  4. 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 J. Sweinberg, Esquire 215-752-3732 www.jjsassoc.net Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.


  5. 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.


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

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


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


  8. 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 successfully handling personal injruy and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900


  9. 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 not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.

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