Injured by Falling Merchandise...

by Sherry
(Seward, PA, USA)

I was shopping in a dollar store in North Carolina while on vacation. They had beach chairs stacked on the very top shelf. One of the chairs fell off and landed on my shoulder. The pain was very intense and I was sore for months after.

I went to the doctor and had x-rays but no other tests. I just managed the pain with over the counter pain relievers. They only offered me $200. The accident happened on June 22, 2011. I really did not want to sue, but I am very unhappy with their small offer. Is there anything else I can do?

Visitor Question:
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ANSWER for "Injured by Falling Merchandise...":

Sherry (Seward, PA, USA):

The answer is: probably not much. If your shoulder was sore for “months” after the incident the injury must have been more serious. Your facts don’t offer any evidence of bruising, contusions, or lacerations. Those injuries would be important to support your case.

Without some evidence and documentation of your injuries it would be very difficult, if not impossible to recover any amount more than the cost of your x-rays and doctors visits.

If you decide to pursue a lawsuit against the store you would also have to return to the scene of the accident, figuratively and literally.

If you were on vacation and didn’t actually live in the State of North Carolina, or in the county in which the store was located, you will have to travel to the state and county in which the store was located to file the lawsuit.

Unless you can produce further evidence of additional and more serious injuries, your monetary recovery might be limited to the amount necessary to cover the cost of your x-rays and doctor’s visit.

Since laws change frequently, and across jurisdictions, you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a free personal case review here.

Best of luck,

Judge Anthony

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