Visitor Question

Tripped and Fell in a Furniture Store, Insurance Company Denying Liability…

Submitted By: Helena (Clarksville, TN)

I was walking thru a furniture store aisle when I tripped and fell over a thick decorative carpet that was featured in a furniture display grouping. I cut my knee, my face was black and blue, and my shoulder was broken both horizontally and vertically.

According to the orthopedist I saw this will take a year to heal and I will never have full mobility back in my shoulder. I have pictures of my injury at the time of the accident. I was hurting so bad I never thought to take pics of the rug. I was just told by the furniture company’s insurance that after their investigation they have determined that were not negligent.

How could they not be negligent when the store was overloaded with furniture? I will have permanent damage from this to my shoulder and it could hinder me from doing some jobs, not being able to lift, etc. What recourse do I have?

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 Helena,

You need to move quickly. There are some personal injury claims which can be handled without an experienced personal injury attorney. This is not one of them.

Because this was a “furniture display grouping” there’s always a chance the store may have taken photos of it. In addition there may be surveillance footage which may show the thick carpet as it existed at or about the time you tripped and fell over it. Your attorney can subpoena all this evidence.

In addition, your attorney will be able to take the depositions of any of the employees who have any knowledge of your fall. Any comments they may make can be “admissions against interest,” meaning they can be strong evidence of the store’s culpability.

Gather all your medical records and contact several local personal injury attorneys. The good news is they won’t charge you for an initial office consultation. Bring all your medical records, receipts for medications, etc. That way you’ll be able to have a professional basis upon which to evaluate your claim.

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: November 14, 2017

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