Visitor Question

Shin injured by falling beer bottle…

Submitted By: Marty (New Port Richey, FL, USA)

I just stopped into a grocery store to pick up a six pack of beer. Unknown to me the six pack container was soaking wet on the bottom.

When I grabbed it off the top shelf of the refrigerated rack, the bottom tore from being wet and one of the bottles fell about 6 feet and hit me directly on the shin bone of my right leg leaving a big swollen knot.

I filled out an accident report with the store. They said their claims adjuster would contact me. I required no medical attention as of yet, but it hurts pretty bad. Is the grocery store liable for personal injury and pain? What should I tell the adjuster when he calls? Thanks for any info you can provide.

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 Marty,

Yes, the grocery store owner is liable. The wet and dangerous condition of the six pack constitutes negligence. Absent an intervening force, negligence should be undisputed.

Your injury apparently didn’t require any medical attention. As a result there are no medical bills or out of pocket expenses for medications, crutches, etc. Unless the injury has kept you from working at your job, there aren’t any lost wages. As a result, your claim will solely be based on your pain and suffering.

Hopefully you used your cell phone to take photographs of the aftermath of the accident. Additionally, photos of your injured leg will be important in support of your claim. The grocery store manager or owner should have completed an “incident report” of some kind. If so, the insurance company will review it.

Without proof legitimizing to the adjuster your pain and suffering, you’re going to have a difficult time convincing him/her to offer you any amount of money. In the alternative, if you have photographs of a contusion on your leg, or swelling, you may be able to convince the adjuster to pay you a small amount.

No one is going to doubt the incident occurred. The issue will be your “damages.” In your case your damages seem to be limited to your pain and suffering. Absent medical bills or photographic proof of the injury, it’s hard to say if the adjuster will offer anything.

With some evidence of the injury itself you may be able to convince the adjuster to offer a few hundred dollars to close the claim and be on hr way to the next one.

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: June 27, 2013

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