While shopping at an outlet store, a display sign fell off the display rack and hit me hard in the head. As soon as it happened, a huge knot ballooned. I had to ask employees to get me an ice pack, which I got about 10min later.
I did absolutely nothing to cause the sign to fall. The aluminum sign was not bolted or screwed onto the rack but rather “clipped” on and not secure. My daughter witnessed the event. I was visibly shaken up and scared due to the knot that had formed near my temple area.
I stood there waiting for the manager, but she was waiting on customers at the register. I then asked if she was going to complete an incident report, which I filled out. I asked for another ice pack and was told the store didn’t have anymore.
I then went to the ER where I had a CT scan – no internal bleeding or fractured skull.
I took pictures of my injury and the display sign that hit me. I now have slight headaches, bruising and tenderness.
I was appalled by the employees’ response to my injury, it was very non-caring and insensitive.
Do I have grounds to file an injury claim, and is it worth my time? I live in Corpus Christi, Texas, however the incident happened while out of town for my daughter’s soccer event in San Marcos. Any perspective you can give would be appreciated.
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.
Quite simply, if you don’t have any more injuries than slight headaches, bruising and tenderness, you don’t really have the basis of an injury claim. However, that doesn’t mean the store shouldn’t have to pay your medical bills and a small amount for your pain and suffering. You also must be sure there are no delayed after-effects from the injury.
You have good reason to be frustrated with the delay in the manager’s attention to your needs. However, that delay does not entitle you to much more than the compensation stated above.
Ask the manager for a copy of the incident report. While she isn’t under any legal obligation to give you one, you have nothing to lose by asking. Also ask the manager to refer you to the store’s insurance company. Tell her you have medical bills which need to be paid and you need to discuss other issues. Hopefully the manager will comply with your request.
Once you speak with the insurance company, you may be able to secure a settlement in an amount equaling your medical bills, along with a small amount for your pain and suffering.
Learn more here: Retail Store Injury Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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