I was shopping in the supermarket with my 5 year old niece. We were separated for about a minute. When I caught up to her in another isle, I fell on the left side of the shopping cart. I was wearing flipflops and had a splint on my right hand. I saw nothing on the floor. There was also no sign to warn me.
I fell hard, to the point where my feet went up in the air. I hurt the right side of my back and up. I also re-injured my wrist. Someone helped me up as I was in excruciating pain.
I left the store and thought I was able to drive. When I left the lot however, I had trouble with my arm making a right turn onto the highway, so I drove myself to the emergency room.
I was diagnosed with myalgia after the fall. I was told by the supermarket’s insurance that they were not negligent. I still suffer from nerve pain and have new pain also. Today my back area was burning. I called my doctor because i thought it was a hot flash, but she said it was related to nerve pain. I’m taking 300mgs of gabapentine along with meloxicam. I’m also taking steroids. I cant sleep.
What can I do about this? Can the supermarket simply deny compensating me for the injuries and pain? Thank you for any information 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.
Myalgia is synonymous with muscle pain. Most people experience Myalgia several times in their lifetime, especially if they participate in sports or other strenuous activities. The pain of Myalgia is caused by straining or overuse of a muscle or muscle group. Myalgia is a relatively mild soft tissue injury.
The supermarket you refer to had a legal duty of care to do everything within reason to protect you and other customers from undue harm and injuries. Here’s a good overview of when property owners are liable.
When a store fails in its duty of care, that failure is commonly referred to negligence.
When as a direct result of negligence a customer is injured, the supermarket becomes liable for the injured person’s medical bills and related damages.
In your case, to be able to recover compensation will require a showing the supermarket or it’s employees were negligent, or that the shopping cart was not in proper working condition, and as a direct result, caused you to be injured. From the facts you present, there is no indication the supermarket was negligent.
Absent a showing of negligence, you really don’t have the basis of a personal injury claim against the supermarket
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,
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