Visitor Question

Who is liable for my personal injury?

Submitted By: Sheila (USA)

While shopping in a furniture store for bunk beds, a large dresser mirror which was propped against another piece of furniture fell on my foot when I walked past it. It fractured my foot and I’ve had to receive treatment.

I’m wondering who is liable for my injury and what I should do? 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 Sheila,

Sheila:

Hopefully the management made a report of the incident, and more so called an ambulance to treat your injuries. The pain from a broken bone can be debilitating, especially if the broken bone is in the foot.

If for any reason you did not realize the bone(s) in your foot had been broken until you arrived home you are still in a position to reimbursed for your injuries. Still it would be quite helpful to your case if the management cared for you when you were injured and made an internal report about it.

You did not mention any witnesses to the injury. If there were no witnesses it will work against you if:

(a) You did not notify management at the time of your injury; and

(b) There is no report of the injury; and

(c) You did not require any immediate medical care at or near the time of the injury.

Although you have a valid claim against the store for the injuries you sustained, including reimbursement for all medical, chiropractic, pharmaceutical, and over the counter medication, without the requirements in (a) – (c) above you will have a difficult time convincing anyone but family members and friends.

Regardless, you know your foot was broken when a mirror fell on it and you should pursue the store to reimburse you. If all else fails you can file a claim against the store in Small Claims Court.

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: May 12, 2011

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