Legal Question in Personal Injury in Texas
I injured my back while loading a concrete bird bath in my truck that I had just purchased at a large chain mega hardware store. It came in two pieces, the base and the bowl. I had no trouble lifting it onto the flat bed cart, which was about six inches off the ground. However, after checking out, and attemped to load the base (75 - 100 lbs.) into the back of my truck, my back gave out. After about 15 minutes, I was able to walk (stumble) back in the store and asked for help with the 2nd piece. I did not ask to fill out an incident report. After a week of constant pain (was hoping it was just a muscle strain and would heal in time), I went to the Dr. and was given muscle relaxers and a anti inflamitory. They took X-rays, and am waiting for the results. The Dr. said I would most likely need an MRI or CAT scan. I contacted the stores headquarters today and explained all this, and was told they do have personal injury insurance, and would be contacted in 24 hours or less. I do have my own insurance, less co-pays and deductables, but was wondering if there are any other compinsation for pain, etc. I am 53 years old, and had to take a medical retirement in 2006 on an unrelated health issue, so there is no wage loss. Do I need a lawyer? Thanks for your help!
2 Answers from Attorneys
I fail to see a cause of action against the hardware store. So, in my opinion, the hardware store will not compensate you for your injury or pain.
agreed..in my opinion there is no negligence by the store..use your own insurance and if the store has accident insurance, submit the reports and bills to them and you may bet paid but that is NOT a basis for a lawsuit
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