Visitor Question

Back Injury from Faulty Bed…

Submitted By: Jasmine (Yeovil, United Kingdom)

I bought a bed from a company and I have to pay the bed off weekly. Last night I crawled onto the bed to go to sleep but three of the slats fell through and one snapped in half. I’m not a heavy person and the slats should be able to hold my weight.

I hurt my back quite badly, sprained my ankle and have sharp pains going through my leg. What can I do about this? Can I get compensation from the store or the bed manufacturer for my injuries?

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 Jasmine,

Our answer is “It depends”. The first matter at hand is a determination of your injuries, and the medical costs to treat them.

You should see a physician at the earliest possible time. The physician will have to diagnose your injuries, and determine their extent. Because your back, ankle and leg were injured, the physician may order some tests, including an MRI and a CT Scan.

These tests will determine the extent of your injuries. Once determined, if the injuries are serious enough to require extensive treatment and recovery time, your case against the store owner will be strong.

If your injuries require substantial treatment and recovery the medical costs will be substantial. In addition, if your injuries turn out to be severe, the store owner or manufacturer may also have to pay an additional amount for your pain and suffering.

Compensation will be determined upon a finding of negligence. You would have to prove that the store owner knew or should have known the slats in the bed were weakened, or had broken before, and the owners ignored the danger the weakened or broken slats posed. You also may be able to file a product liability claim against the manufacturer.

It would also be important to rule out any contributing negligence. It would be necessary for you to be sure you didn’t do anything which would have unnecessarily weakened the bed slats. This might include jumping on the bed for an unreasonable amount of time, or having multiple people jumping on the bed. It might also include placing unnecessary weight on the bed as well.

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: August 12, 2011

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