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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I sat in a chair in the mall the chair broke and i hit my

Customer Question

I sat in a chair in the mall the chair broke and i hit my head on a medal rail what is my legal recourse?
JA: What state are you in? It matters because laws vary by location.
Customer: i was in Tyson Corner Mall in Virginia at the time
JA: Has anything been filed or reported?
Customer: I live in Atlanta
JA: Anything else you want the lawyer to know before I connect you?
Customer: I had the paramedica come because i got a not on my head it went down some but it still hurts i have a doctors appiontment at 1:30 today about it
Submitted: 10 months ago.
Category: Legal
Expert:  Ely replied 10 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

The mall is arguably liable to you in this situation. Someone in your situation was an invitee. An invitee in GA has to exercise ordinary care for personal safety when on a business property, but also, the business's duty to invitees is to "exercise ordinary care in keeping the premises and approaches safe." OCGA § 51-3-1.

By the chair breaking, the business breached that duty and may be sued for negligence. I would find a personal injury attorney immediately. The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable. Let me know if you need help finding someone.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 10 months ago.
thank you for your help
Expert:  Ely replied 10 months ago.

You are very welcome. Good luck, and please don't forget to RATE my answer in one of top three faces and then SUBMIT that rating – it is the only way I get credit for my time with you – or, please use the REPLY or SEND button to keep on chatting – I want you to be satisfied.

Customer: replied 10 months ago.
no one will take my case
Expert:  Ely replied 10 months ago.
Hello and thank you for your follow up. You may have to try more than 2-3 attorneys. Especially for smaller cases, many attorneys do not want to get involved. You may have better luck seeking representation from solo practitioners or small firms, and not big or medium sized firms.
Gentle Reminder: Please, use SEND button to keep chatting, or RATE THREE OR MORE STARS and click FINISH to submit your rating when we are finished. You may always ask follow ups at no charge after rating.