Visitor Question

Insurance company acting rude after injury caused by store negligence?

Submitted By: Sam (Sylvania, Ohio)

While shopping at chain store on 3/27/18, I hit my shin on a vertical 12″ metal plate attached to the floor used as counter/display stop locators. I fell to the floor after hitting metal plate. A display case’s casters were not locked and the display had been moved away from the vertical metal stops. The metal plates were exposed to open foot traffic.

My shin hit the corner of the metal plate causing two puncture wounds and a violent fall to the ground. Staff came to my aid to assist with bleeding etc. 911 was called. EMT’s further treated me in the store and offered a ride to ER, which I declined. I saw my Doctor on 3/30 to treat wounds for infection.

The Assistant Manager and store employee admitted to me that the casters were not locked. I have been contacted by Meijer risk management dept. and am not satisfied with their attitude. I was told that they would reimburse me for costs not covered by my insurance (copays, etc.). The woman was rude and very unapologetic.

Am I entitled to see the incident report the store sent to their risk management dept.? What else should I do to ensure that Meijer will pay for my expenses and possible compensation for my pain and suffering? 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.

Answer

Dear Sam,

You must see through the woman’s rude and unapologetic behavior. The woman you spoke with likely deals with hundreds of claimants each year. While her behavior is not excusable, it is irrelevant and has no bearing in the facts or law attendant to your claim.

At this point your claim has not been denied. While at this time you do not have a legal right to see the incident report, in the event a lawsuit is filed you can subpoena the report.

Based on the facts, there doesn’t seem to be any legitimate reason for your claim to be denied. The store’s employees not securing the metal plates appears to have been clearly negligent.

Continue to negotiate with the store representative. Be sure the representative has all your medical bills. In the event your claim is denied, or the offer of settlement is unacceptable, you can consider filing a small claims lawsuit. In the State of Ohio Small Claims Courts gave jurisdiction to hear cases up to $3000.

To read Ohio’s Small Claims Court Statute see Ohio Revised Code Section 1925.01

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. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck with your claim,

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