Legal Question in Personal Injury in New York
My wife was shopping in a department store. she was standing in line to check out and someone walk near some boxes that were stacked over 7 ft high. The person brushed the boxes with her shoulder. The person was like 10 feet away from the boxes and they fell over and hit my wife in the neck, back and shoulder and leg. The boxes were stacked on a pallet on the floor but were hanging off the pallet. She was put on a backboard and taken to the hospital. When the ambulance people were helping her, the store manager told his employees to lower all the boxes in this area. Now the store is telling us that they are not libel for any of this. My wife has been to the doctors once or twice a month since November for the injury. What do we do? I know this store chain has been sued for this same thing in the past. ( And lost)
6 Answers from Attorneys
Based on what you have said here, the store may be very liable. A court would consider whether it was foreseeable that such an accident would take place and hurt someone in the store. In light of the history of similar accidents, such an accident should have been foreseeable, and therefore prevented from happening again. Moreover, the prior complaints may satisfy the notice requirement, i.e, this would show that the store was "on notice" about the problem, which is a necessary element of proof in such a negligence matter.
So, it would be worthwhile for you to consult a lawyer.
If the store was improperly stacking the boxes against industry standards they may be found negligent. You should speak to a competent personal injury attorney to protect your rights.
We have handled similar types of cases against stores with successful settlement results.
Feel free to contact my office at 718-616-1414 for a free no-obligation consultation.
I agree with Attny DiMartini.
Contact a lawyer. You have a claim worth pursuing. Best, M. E. Zuller
You have a case and will win your case if you prove liability (the store is at fault) and your wife has injuries (damages). Cases such as this are fact driven. We have handled many premises liability cases similar to this with great success.
Kindly contact me, Pasquale Calcagno, Esq., for a free, confidential consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com
We have convenient locations all over New York. I look forward to speaking with you and fighting hard for your rights.
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