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Whole Foods loose store fixtures hit my mom hard over the head. Any prospects for a lawsuit ?

Bellevue, WA |

My mom was shopping at Bellevue , WA Whole Foods and was trying to get some nuts from the dispenser , they wouldn't come , so she applied a bit of pressure . In the process a heavy fixture from above hit her over the head , probably causing her a concussion . For the money Whole Food charges , and all the profits it generates from gullible consumers , it should have insured that its store fixtures are bolted safe . But a company whose CEO doesn't believe in governmental regulations , may also not believe he has any obligations to make his stores safe to the customers ! This " holier - than - thou " company badly needs to be sued ; it's CEO is a greedy , hypocritical & an arrogant prick ! Any takers ?

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Attorney answers 7

Posted

The merits of your mother's potential case have nothing to do with Whole Foods' CEO. However, if your mother did not contribute to the injury causing event, a presumption of liability might be established by invoking a legal doctrine known as "res ipsa loquitur."

That said, the most important thing for your mother to do is get the medical treatment she needs to recover from her injuries. Concussions are a mild form of a traumatic brain injury (a.k.a. "TBI") and can be very serious in nature.

Your mother should also consult with a local attorney who handles premises liability cases. Generally speaking, the statute of limitations in Washington is three years from the date of injury, but the sooner your mother is able to consult with a local attorney, the better her chances are of obtaining a successful outcome in her potential case. Good luck!

The information contained in this message is for general informational purposes only. It is not intended to be legal advice, nor is it a substitute for professional legal services. The Scott Law Firm, PLLC disclaims the formation of an attorney-client relationship by use of AVVO, and no such relationship exists unless and until a written Fee Agreement has been endorsed by The Scott Law Firm, PLLC and the client. Furthermore, given the public nature of this forum, there can be no expectation of privacy, confidentiality, privilege, or any other protection from disclosure.

Posted

You are welcome to call your local county bar association for a referral to a Personal Injury Attorney. She should be treated if she may have a concussion as well.

Posted

Make sure that you Mom's medical care is documented including costs. You'll want to speak to a Personal Injury attorney licensed in the State of Washington. Look on Avvo.Com under Find-A-Lawyer. Good Luck on this case.

Posted

What you need to do right now is make sure your mother gets the best treatment possible and consult with a local attorney. Your best best is the local bar association or a friend who had a good experience with a local personal injury lawyer. Just so you understand, how "greedy" or nasty the CEO is has nothing to do with your mother's case.

Asker

Posted

Well, I thought perhaps there is someone who also holds contempt of this company. Whole Foods CEO said in an interview in 2009 that basically, it is the people's fault for getting sick since had everybody shopped at Whole Foods they wouldn't get sick. In January he said again in an interview that providing healthcare to everybody is fascistic. And the irony of ironies is that my mom, a devoted Whole Food customer gets hurts not only financially (by paying a big premium on the products) but also physically !

Posted

Normal operations of any retail store should not allow for a product dispenser or a nearby fixture to fall on a customer's head. So, depending on the facts and assuming that your mom's actions were reasonable it would seem that there is negligence on the part of the store. There is a legal theory that sometimes applies to objects that fall called 'res ipsa loquiter'. I'm not positive it applies in your situation. But, you should drop the hyperbole and consult with an experienced personal injury attorney in the Seattle area.

SEE LINK BELOW FOR 'RES IPSA LOQUITER' ARTICLE:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Posted

Get her proper medical attention. You would need to retain a personal injury lawyer to investigate. Find a lawyer with a low contingency fee, less than 30%, so you get the lion’s share of the settlement, not your lawyer. Thus, don’t get hurt twice by paying a huge fee. Good luck.

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

Posted

I am sorry to hear about your mom. I was involved in a similar case and strongly recommend thorough and comprehensive neurological evaluation. Your mom may have to push her medical providers for such follow-up as a minor concussion could easily be minimized and deeper damage overlooked. If there is brain injury requiring long term medical care or impacting cognitive ability then, yes, a law suit should be pursued.

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