Visitor Question

Soft Tissue Damage and Bruised Bone…

Submitted By: Anonymous (USA)

I entered a major store and went to retrieve a buggy from the first row. I was standing beside the first row of buggies. The two buggies were stuck together so after pulling on them for a few seconds I decided to move to the second row where a buggy was loose.

As I went to step around the first row, I tripped over the floor mat and injured my knee. The door greeter and a lady who entered behind me, saw what happened and gave them a statement as well as I.

I called my husband to come pick me up and take me to the hospital. They took x-rays and said nothing was broken. I went to my primary care doctor and his examination showed I bruised bone and had soft tissue damage, which would take a long time to heal.

The store’s adjuster called the next day after the fall and took a recorded statement from me. She said they would investigate and get back to me. She called back 2 weeks later and said they were denying my claim. She said they thought (on tape) that I turned my foot when I stepped. My foot is not injured, so I don’t know why she said this.

I don’t know if the mat was turned up or curled or anything, but if I wasn’t struggling with trying to get the buggies apart perhaps this would not have happened. Is there anything I can do at this point? 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 Anonymous,

You should not feel your integrity is being questioned by the store and its adjuster. You can be assured the store denies about 90% of the claims filed against it.

If you have already submitted a claim and it has been denied your next step would be to file a lawsuit against the store. Presuming your injuries are serious, but not debilitating, filing a case in Small Claims Court may be your best option.

The limit or “jurisdiction” for almost all Small Claims Courts in the US is $5,000, but some states are different. Most Small Claims Courts will also allow a plaintiff to sue for Actual Damages and Mental Anguish.

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 5, 2011

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