Legal Question in Personal Injury in Ohio
Hurt In Retail Store Mishap
My boyfriend was injured due to the carelessness of retail store employees doing construction. He entered the first of a double set of automatic doors only to notice that just inside the second door and in the path of where it would swing open a contractor was up on a ladder. The worker motioned to him to back out the door and go to his right. Distracted and worried that the door would open and knock the man down he turned and ran into a CONCRETE waste basket that had been placed either in or too close to the doorway by store employees. He had bruising, swelling and bleeding in one knee for several days. Store workers made all the stupid mistakes but my boyfriend was the only one who got hurt. WORSE, when he contacted them about it they never said they would correct the problems and they later sent him a lousy twenty-five dollar gift certificate as if that makes it all better. What should we do?
2 Answers from Attorneys
Re: Hurt In Retail Store Mishap
Commercial premises' owner has a legal duty to protect patrons (business invitees) from unreasonable safety risks, especially ones that may be seen to constitute the equivalent of a "trap." It was incumbent on the store, or the sub-contractor, to better protect the worker and the patrons from the forseeable situation in which your boyfriend found himself. If the immediate medical bills are minimal, document the incident with a written Notice of Claim. Journal and document any disability or pain due to the injury. Seek medical re-exam as directed and as needed. I believe you would have 2 years in which to file suit. If there is no permanent injury, or scar, and if medical expenses and lost wages are modest, or minimal, you may be able to negotiate with the adjuster for the premises' libability insurer, or the risk manager for the store. (Aim for 5X your expenses and losses but settle for 2X.) If there is permanence of injury, and/or substantial medicals or lost wages, hire an attorny at once. Steve Martinek
Re: Hurt In Retail Store Mishap
One of the elements of a personal injury LAWSUIT is the existence of substantial damages, proximately caused by someone's negligence. In your boyfriend's situation, a judge/jury is likely to consider the extent of the damages to minimal, particularly since you don't mention any medical/doctor bills. While the situation is irritating and irresponsible on the part of the store, the gift certificate is likely close to adequate compensation. An apology would be helpful also, but not likely. In any event, a lawsuit will likely cost more than you would recover, making it not worthwhile. Small claims court, representing yourself, may be an option also.
Good luck,
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