Visitor Question

Fell Out of My Truck and Hurt My Back…

Submitted By: Steve (Sparks, NV)

I just bought electric power steps for my truck in July to help me get in and out of my vehicle because I’m disabled. The steps they installed were not the steps I ordered. They put cheap inexpensive steps on and tried to pass them off to me thinking I wouldn’t notice.

The steps broke so I checked with the manufacturer and they informed me that the steps I have were imitations of what they sell. I went in and talked to the place I bought them from and they gave me the “I apologize, I don’t know how that happened” line and said they would fix the problem.

The next day they installed new ones. A few days went by and I went shopping. When I went to get out of the truck the front of the step came off and I fell to the ground on my back. Two weeks earlier I had a sacroiliac fusion and now I am in a lot of pain. Do I have a case against the manufacturer and/or the installer? 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 Steve,

You were on your way to a successful legal claim against the manufacturer and the retailer until you mentioned your pre-existing injury.

Attempting to successfully pursue a legal claim for injuries sustained in a subsequent accident are difficult to prove. Although few would doubt your new injuries, it will be difficult to separate which injuries are related to the first circumstance and which are related to the new circumstance.

To effectively separate the two may require the expertise of your orthopedic surgeon(s).

Only they will be able to effectively assist you in convincing the insurance companies representing the manufacturer and retailer of the lifts.

Start by contacting the manufacturer and the retailer. Tell them you were injured as a result of the faulty lifts.

Ask them to refer you to the insurance companies.

They probably won’t oblige.

When they don’t you may have to consider contacting a personal injury attorney.

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: December 21, 2011

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