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I fell in a hardware store. I did not see that the rug was…

Customer Question
I fell in a...

I fell in a hardware store. I did not see that the rug was curled up but felt my toe catch on the rug but I was not looking at it. Two men picked me up. (I walk with a walker) I asked the store for a chair to sit on. That took at least 10 minutes. The manager was very rude to me and took a report by scribbling on some paper. I asked several times for him to go find the men who helped me up, but again, that took about 20 minutes. The manager on that shift just kept asking me "why do you want to fill out an accident report?" "Why do you want me to get the witnesses?". I don't know if he found the men or not. He would not tell me know and the store will not tell me if they had a security camera that showed my fall. I fell on my right side. I hurt my right shoulder, which is much better after 8 weeks of PT. Most of my pain was from pulled muscles on my left side. I did the PT for the muscles and it is better but not completely healed. I did not go to the doctor for a few days after as I thought if I took an over the counter pain reliever and rested I would be fine. I did not have any imaging done, but the doctor did give me a choiice about that but she did not think anything was broken so I did not. The store has said they would pay for my medical. I am upset over how I was treated and the pain in my side. I don't know if I have a case or not. I know that the store has a right to have rugs on the floor. Rather is was lying flat, I do not know. I am wanting to know if a letter from an attorney would make them willing to give me a small award. Thank you. *****: Because employment law varies from place to place, can you tell me what state this is in?

Montana

Lawyer's Assistant: Has anything been filed or reported?

As I said, the afternoon manager scribbled some info on a piece of paper.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I cannot think of anything.

Submitted: 8 months ago.Category: Personal Injury Law
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Answered in 5 minutes by:
9/19/2017
Personal Injury Lawyer: Allen M., Esq., Attorney replied 8 months ago
Allen M., Esq.
Allen M., Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 20,379
Experience: Lawyer with personal injury practice experience.
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

While I certainly don't condone the manager's behavior here, it isn't illegal. it is just rude. The store doesn't have to help you establish your claim against them, so the manager's actions were entirely based protecting the company, which isn't illegal. Now, I don't think the behavior is smart, because it would actually motivate someone who might not otherwise do so to seek legal action against them. It's just not wise behavior on his part.

Now, that you are healed, you should certainly consider compiling your medical bills and having someone send those over. It is unlikely that a letter from an attorney would cause them to give you much more than the medical bills. You could make that demand yourself, with the threat to get an attorney involved.

Having an attorney send it would likely cost about the amount extra you'd get over the medical bills, maybe more. So, I wouldn't engage an attorney unless and until the company reneges on their promise of payment.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Personal Injury Lawyer: Allen M., Esq., Attorney replied 8 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq.
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Category: Personal Injury Law
Satisfied Customers: 20,379
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Experience: Lawyer with personal injury practice experience.

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