Go back to the store immediately and take pictures of the bar that hit (hopefully) before they repair it. Take pictures of your mother's injury. Have your mother seek all appropriate medical attention. Ask for a copy of the incident report as well. If they will not give you a copy, at least take down the name of the JCPenny employee who took the report. Consult an attorney. Our office handles these types of cases.
Steven M. Sweat, Glotzer & Sweat, LLP (310) 623-3771
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I agree with Mr. Sweat. Take lots of pictures. Then your mother needs to hire a personal injury lawyer. She shouldn't communicate with the store or its insurer.
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I'm sorry for your mothers injury. Mr. Sweat is dead on. Take pictures of the metal bar and the area around it. If possible, request a copy of the incident report. Your attorney will want to see both of these.
Do not speak to JC Penny or their insurance if they reach out to you. Most importantly, if you already have not taken her, make sure your mother is taken to the doctor and checked out fully. Many times these types of accidents can cause life threatening head injures. If she has any bumps or bruises, you should take pictures of those as well. You will need to hire a personal injury attorney to help you with your case. Many firms, including mine, offer a free consultations and work on a contingency fee bases, which means you we only get paid if we win your case. Feel free to call me. 888-717.8383
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Your mom should be evaluated by a neurologist ASAP to determine whether or not she has had a brain injury. Additionally, she should be evaluated by an orthopedic surgeon to rule out other injuries.
I agree with the other attorneys that pictures should be taken of the scene and the metal bar if, for nothing else at this point, context.
Do not allow your mom to talk to JC Penny's people (employees, insurance, investigators) because they will try to lock her into a statement of fact and injuries.
First and foremost is your mom's health. Her legal rights in this situation run a close second and oftentimes overlap. Therefore, an attorney experienced in premises liability / slip & fall matters should also be consulted. I've handled countless premises liability matters and would be happy to speak with your mom.
Did those responsible have notice of the defect that caused the falling bar? What kind of notice? When did they receive that notice? Did someone tell them about it? Did they try to repair or remove the defect? Did they cause or create the defect? Was the defect present for a long enough period of time so that a reasonable person would have known about it? Witnesses to your accident: Who are they? How can they be located? What is their relation to the landowner? What did they see? When did they see it?
- Photographs of the defect: Who took them? When were they taken? What do they show?
- Prior injuries to others because of the same defect: When did that accident occur? How did that accident occur? Were the property owners aware of that accident? When did they become aware of it? Who was injured? a traumatic brain injury, a patient may suffer symptoms of mild traumatic brain injury, moderate traumatic brain injury or severe traumatic brain injury. Symptoms from a traumatic brain injury vary depending on the person and situation, and could include short-term symptoms or long-term negative effects such as the following:
Vomiting and nausea
Lightheadedness or dizziness
Behavioral or mood changes
Trouble with concentration or thinking
Numbness in extremities
Aphasia (language problems)
Convulsions or seizures
Hypoxia or anoxia (loss of oxygen)
Compressive cranial neuropathies
In the event of a traumatic brain injury, emergency department doctors may perform X-rays and computed tomography (CT) scans to identify skull fractures, hematomas inside the skull from bleeding blood vessels and contusions to the brain. To control bleeding from hematomas and increased pressure inside the skull, doctors may perform surgery or install pressure monitors inside the skull. Long-term treatments may involve speech therapy, occupational therapy, physical medicine consultations, psychiatric evaluations and social support.
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You will need to hire a lawyer to file a lawsuit against JC Penny. Nothing else would be advisable. Good luck.
Edward Ramsey, Esq.
8889 W. Olympic Blvd
Beverly Hills, CA 90211
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I suggest you hire a lawyer immediately for your mother. That lawyer will have his investigator go to the store take pictures etc. Do not let you mother talk to JC Penney. Good Luck
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