Visitor Question

Chair Broke In a Shopping Mall Food Court…

Submitted By: Tinnie (Birmingham, AL)

My mother was in a shopping mall eating inside the food court. She was sitting normally when a leg on the chair she was sitting in broke and she fell onto the floor. My mother was taken to the emergency room due to intense pain in her knee and arm.

She has suffered chronic pain in her arm ever since the accident. The incident was reported to customer service and mall security but no one has responded yet.

I’m not sure what to do about this. Is this a personal injury case against the manufacturer of the defective chair or the shopping mall? Any info you can give would be great. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Tinnie,

Your mother appears to have a valid claim against at least 3 entities. The first is the owner of the mall, second is the company which manages the mall, and third is the chair’s manufacturer.

That’s the good news. The bad news is your mother’s injuries don’t appear to be serious. From the facts you present she didn’t suffer any broken bones or torn ligaments or tendons. As a result your mother’s injuries are referred to as “Soft Tissue” injuries.

Any claim your mother may have must be based on the severity of the injury and the medical costs, the out of pocket expenses like prescription and over the counter medications, and any lost wages she may have incurred as a result of the injury.

Saying your mother has chronic pain is one thing. Proving the source of the pain is another. To be effective your mother must have some written medical proof of the basis of the chronic pain.

Unless your mother can come up with medical proof of the basis of her chronic pain, her claim may be limited to the costs of her medical bills, out of pocket expenses, lost wages (as a result of the injury itself), and a small amount for any “pain and suffering” she endured.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: July 9, 2012

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