Visitor Question

Arm Injury in Department Store…

Submitted By: Kay (Bristol, Virginia)

I was in a department store and came out of the dressing room to exchange a shirt size. The store was crowded and I went behind the cashier’s desk. I hit a metal bar hard with my right arm which caused my tendons to tear in my bicep area. The metal bar was not visible because there were jackets hanging above it.

My sister was right behind me and saw it happen. The other cashier said, “you are about the 5th person today that hit the bar.”

If it was a child they would have knocked their head off!

I had to have surgery and six anchors were put in my arm to hold tendons in place with stitches. Do I have a personal injury lawsuit? Can they at least be liable for my medical bills? Thank you.

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 Kay,

From the facts you present it would appear you have a strong personal injury case against the store. Although you probably should have not gone behind the cashier’s desk, that shouldn’t really matter much.

Begin by consulting with several personal injury attorneys. Most will not charge any fee for an initial office consultation. Before consulting with the attorneys gather copies of all your medical records, and receipts for out of pocket expenses such as prescription and over the counter medications.

You probably also had to miss work while treating and recovering. Do everything you can to get written conformation of your lost wages.

With that information in hand the personal injury attorneys will be able to give you a much better idea of your chance of success. If you decide to retain a lawyer, you won’t have to pay any money until such time as your case is settled, or the case is won at trial.

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: February 1, 2012

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