Injured by Employee at a Grocery Store...

by Maryanne
(Rehoboth, MA)

I was at a grocery store shopping. As I was walking toward the produce section an employee seemed to come out of nowhere and slammed into me. I was shocked for a moment as I had not expected it. She was obviously in a hurry. It was no minor "bump", it was a shoulder to shoulder slam.

I've previously had neck injuries and once again I was feeling that stabbing pain with tightness running down into my shoulder blades. It's been 3 months and I'm still hurting. I am also getting headaches stemming from the back of my neck up into my head. At times my eye hurts. It seems to be at its worst when I wake up in the morning.

Is this a legal dead end because there was no car involved? I am currently seeing a chiropractitioner once a week.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Injured by Employee at a Grocery Store...":

Maryanne (Rehoboth, MA):

It is not a “dead issue” but certainly one which will be difficult to successfully pursue. To have an effective claim against the store you would have had to report the “shoulder slam” at or about the time of the injury. It appears you failed to do that. Next you would have to have sought medical care within a reasonable time after the injury. You failed to do that as well.

The next problem you are facing is what is referred to as a “pre-existing injury”. It is always difficult to establish when pre-existing injuries end and the new injuries begin. Making that distinction can only be accomplished through medical examinations, usually through MRI’s (Medical Resonance Imaging) and CAT Scans (Computer Axial Tomography).

At this point your best bet would be to consult with an orthopedic surgeon. She will be able to make the proper diagnosis and prognosis. Regrettably chiropractic documentation may not be sufficient to support your claim.

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

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Employee Negligence Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: