Legal Question in Personal Injury in New York

Head Injury
A friend of mine was shopping in a store and she squatted down to look at something on the bottom shelf and a sign that was supposed to be hooked above on the top shelf fell and hit her on the head causing a cut that required a staple plus 2 other cuts and still dizziness. What can she do about this? What about her pain and suffering? She also had to get a babysitter and pay them because of her dizziness.

Asked on 10/25/05, 3:23 pm

4 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

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Re: Head Injury

Assuming the sign was improperly or negligently tied down, your friend has a right to sue in negligence for her injuries. I would be happy to speak with her.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

Answered on 10/27/05, 10:43 am

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David Simon Hogan & Rossi

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Re: Head Injury

Your friend can sue the store assuming the accident was recent (within the past 3 years) and that she did not work at the store, for pain and suffering and other damages that flowed as a result of her being dizzy, at the doctor/hospital, etc.

How successful will depend on many factors. What caused the sign to fall? Did she see the sign before it fell? Were there any warning signs or open and obvious signals to alert her? Did she bang or bump into the sign? The jury is entitled to apportion liability based on comparative fault. Your friend would want the store to be 100% liable, but there could be factors that place a certain percentage on your friend. She can always call to discuss.

It sounds as if this is a case of "res ipsa loquitur", which means that the sign was in the exclusive custody and control of the store (assuming it was high enough were customers could not bang it), and the accident would not ordinarily happen in the absence of negligence. That allows the jury to presume the store was negligent at the outset and shifts the burden of proof to the store to prove otherwise (whereas in a typical case, the plaintiff would have to prove negligence).

Your friend should have a neurologist examine her for the dizziness, and also get copies of any accident reports. She should take pictures before the wound heals and keep a diary of how this injury has placed limitations on her daily routine (i.e., driving, working, taking care of the kids, doing housework, etc.)

I'd be happy to discuss the case with her in more detail.

Answered on 10/25/05, 4:17 pm

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